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Author: Sourish Mohan Mitra Publisher: Bloomsbury Publishing ISBN: 9354353746 Category : Law Languages : en Pages : 436
Book Description
About the Book Real estate touches everyone at some point of time in their lives and is much more than buying, selling or leasing immoveable property. It is a whole economy in itself and is often called one of the key drivers of the economy. This book contains a collection of real-life situations faced by common people while undertaking real estate transactions. It provides historical perspective for the current legislations and their evolution from the 19th century British India through more than seventy four years of independent India to the 21st century. It captures modern day practices, malpractices and reforms in the real estate sector. The book endeavours to bring out the practical nuances of dealing in real estate through numerous judicial pronouncements and contractual scenarios, which will enable everyone to understand the legal aspects and make informed choices while undertaking real estate transactions. Key Features - A curated commentary on real estate laws in India that is easy to read, comprehend and apply by everyone including lawyers, students, businessmen, investors, entities, organisations and the common people. - Holistic coverage of laws relating to real estate including their origin, evolution, and impact on modern-day governance structure. - Compilation of case laws spanning over a century showcasing the active role played by the judiciary in interpreting the law. - Highlights the complexities of maintaining records and administrative angle which led to reforms and easy access for the general public. - Underlines the importance of financial funding and sources to secure credit for real estate matters. - Special focus on environmental damage due to expanding real estate requirements, its implications and legal recourse. - Dedicated chapter on common malpractices and fraudulent activities. - Practical instances on how to gear up to handle real estate transactions and avoid common pitfalls.
Author: Sourish Mohan Mitra Publisher: Bloomsbury Publishing ISBN: 9354353746 Category : Law Languages : en Pages : 436
Book Description
About the Book Real estate touches everyone at some point of time in their lives and is much more than buying, selling or leasing immoveable property. It is a whole economy in itself and is often called one of the key drivers of the economy. This book contains a collection of real-life situations faced by common people while undertaking real estate transactions. It provides historical perspective for the current legislations and their evolution from the 19th century British India through more than seventy four years of independent India to the 21st century. It captures modern day practices, malpractices and reforms in the real estate sector. The book endeavours to bring out the practical nuances of dealing in real estate through numerous judicial pronouncements and contractual scenarios, which will enable everyone to understand the legal aspects and make informed choices while undertaking real estate transactions. Key Features - A curated commentary on real estate laws in India that is easy to read, comprehend and apply by everyone including lawyers, students, businessmen, investors, entities, organisations and the common people. - Holistic coverage of laws relating to real estate including their origin, evolution, and impact on modern-day governance structure. - Compilation of case laws spanning over a century showcasing the active role played by the judiciary in interpreting the law. - Highlights the complexities of maintaining records and administrative angle which led to reforms and easy access for the general public. - Underlines the importance of financial funding and sources to secure credit for real estate matters. - Special focus on environmental damage due to expanding real estate requirements, its implications and legal recourse. - Dedicated chapter on common malpractices and fraudulent activities. - Practical instances on how to gear up to handle real estate transactions and avoid common pitfalls.
Author: CA. Ramesh S. Prabhu Publisher: Taxmann Publications Private Limited ISBN: 9357785329 Category : Law Languages : en Pages : 59
Book Description
This book provides an exhaustive analysis of the Real Estate (Regulation and Development) Act (RERA), 2016, discussing its multifaceted impact on the real estate sector. It thoroughly examines RERA's legal, professional, and practical dimensions and associated regulations, catering to various stakeholders. Organised into multiple sections, each part of the book focuses on distinct elements and viewpoints relevant to real estate regulation, ensuring a comprehensive understanding. This book incorporates the perspectives of the following stakeholders: • General Section (Applicable to All Stakeholders) • Promoters • Real Estate Agents • Allottees and Association of Allottees • Professional Perspective including CAs, Advocates, Engineers, Architects The Present Publication is the 2nd Edition, authored by the study group of industry experts & representatives from all stakeholders. It is edited by CA. Ramesh S. Prabhu & co-edited by CA. Vinay Thyagaraj, with the following noteworthy features: • [Content and Structure of the Manual] The manual covers various practice areas like registration, certification, and litigation, catering to different stakeholders. It includes legal provisions, SOPs, FAQs, and judicial rulings • [Inclusion of Peripheral Subjects] Beyond RERA provisions, the manual also addresses related areas like o Income Tax o GST o Stamp Duty o Registration o Insolvency and Bankruptcy o Other Relevant Laws • [Practice Manual for Practitioners and Professionals] The manual serves as a guide for new entrants and a reference for seasoned real estate practitioners, covering legal aspects and including various formats and drafts • [Limitations and Challenges] The manual acknowledges the limitations in applying a uniform approach to practice and non-practice-oriented topics, aiming to elevate the standards of beginners and intermediate practitioners • [Professional Application and Compliance] It emphasises the need for Chartered Accountants and professionals to apply their knowledge creatively while adhering to RERA's objectives and client needs • [Dynamic Nature of RERA and Legal Changes] The manual incorporates the evolving nature of RERA, legal pronouncements, and building regulations The detailed contents of the book are as follows: • General – Applicable to all Stakeholders o Overview of RERA, 2016 o Journey & Implementation of RERA & Important Circulars of MahaRERA from Inception till December 2023 o Objective and Purpose of RERA o Real Estate Sector Deficiencies Addressed by RERA o The Authorities to Implement the Act o Powers and Functions of the Real Estate Regulatory Authority o Powers and Functions of Adjudicating Officers o Central Advisory Council – Establishment and Functions o Real Estate Appellate Tribunal and its Functions and Powers • Promoter – From the Promoters Perspective o Promoter under RERA o Functions and Duties of Promoter o Registration of Real Estate Project – Legal Framework o Documents Required and the Process of Registration o Operation of RERA Designated Bank Account o Financial Planning for Real Estate Projects o Quarterly Progress Report (QPR) to be done by the Promoters o Procedure to Extend the Period of the Registration o Procedure for Amendment or Modification in the Sanctioned Plans o Transfer of Real Estate Project to Third Party o The Transfer of Title o Force Majeure and COVID Impact on Real Estate Sector o Advertising and Marketing Post RERA o Importance of End Date/Completion Date and Date of Possession under RERA o Change in Process and Procedure of Real Estate Business post-RERA o Car Parking Space and MahaRERA Circular o RERA Compliance Report by Chartered Accountant o De-Registration of the Project o Gradation of Real Estate Projects • Agent – From the Real Estate Agent Perspective o Registration of Estate Agents Legal Framework o Process to Obtain Registration for Real Estate Agent o Functions of Real Estate Agent o Impact of RERA on Estate Agents o Changing Business Landscape for REALTORS Post RERA o Training and Certification for Real Estate Agents o Self Regulatory Organisation for Real Estate Agents. o Anti-Money-laundering, Countering the Financing of Terrorism and Combating Proliferation Financing Guidelines for Real Estate Agents, 2023 • Allottees – From the Allottees and the Association of Allottees Perspective o Revocation of Registration of the Project o Stalled Real Estate Projects and Revival o Alternative Investment Fund for Real Estate, including SWAMIH Funds o Rights and Duties of Allottees o Association of Allottees o Remedies for Conveyance and Deemed Conveyance o Allottee Due Diligence Before Purchasing Property • Professional – From a Professional Perspective for CAs, Advocates, Engineers, Architects o Title Certificate o Allotment Letter, Agreement for Sale and Sale Deed o Role and Responsibilities of Architect under RERA o The Roles & Responsibilities of a Civil Engineer and Issue of FORM 2 under RERA o Quality Assurance and Defect Liability under RERA o Certificate in Form 3 By Chartered Accountant o Audit by Chartered Accountant under MahaRERA (Form No. 5) o Guidance Note on Accounting for Real Estate Transactions (Revised 2012) and Revenue from Contracts with Customers (Ind AS-115) o Key Audit Challenges – Real Estate Sector o Real Estate Collaborations & Significance of Corporate Due Diligence • Redressal – Redressal System: Complaint, Appeal, Second Appeal, Conciliation o Source (Complaints Against Unregistered Projects for Registration) o Complaint Filing and its Procedure o Process of an Inquiry by the Authority or Adjudication Officer o Appeals under RERA o Second Appeal before the High Court o Execution of orders of MahaRERA and Adjudicating Officer o Execution of a Decree under the Code of Civil Procedure, 1908 o Complaints by the Association of Allottees o Offences and Penalties o MahaRERA Conciliation and Dispute Resolution Forum o MahaRERA Conciliation Forum Role Model of ADR in the Real Estate Sector o Establishing of a Home Buyer/Allottee Grievance Redressal Cell • Income Tax, GST – Taxation: Income Tax, GST, Stamp Duty and Registration o Income tax Applicable on Real Estate Transactions o Overview of GST Implications for the Real Estate Sector o Stamp Duty and Registration • Allied Laws – Other Allied Laws like MRTP, DCPR, IBC, Consumer Protection, etc. o Real Estate Laws of India o Salient Features of Maharashtra Ownership Flats Act, 1963 ('MOFA') o Comparison between MOFA and RERA o Overview of Maharashtra Apartment Ownership Act, 1970 o Development Control Regulations and MahaRERA o Consumer Protection and RERA – Best Recourse to Allottees o Draft Format/Specimen of Consumer Complaint o Landmark Judgments of the Consumer Courts o Insolvency Resolution Process in Real Estate o Interplay of PMLA, Benami, FEMA with RERA • Miscellaneous – Topics Related to Real Estate Rulings & Redevelopment o Constitutional Validity of RERA o Analysis of Judgments o Redevelopment and RERA
Author: Ramesh S. Prabhu Publisher: Taxmann Publications Private Limited ISBN: 9357787518 Category : Law Languages : en Pages : 26
Book Description
Karnataka RERA | Law & Practice marks its debut as an authoritative guide in the field of real estate regulation and development specific to Karnataka. It addresses multiple practice areas such as registration, certification, and compliance and includes various legal provisions, Standard Operating Procedures (SOPs), FAQs, and judicial rulings to ensure relevance and practical utility. Besides RERA-specific content, the book also analyses peripheral subjects affecting real estate transactions, such as Income Tax, GST, and consumer protection laws, enriching the practitioner's knowledge and application in real estate sector dealings. This book is designed to aid new entrants and seasoned practitioners; the manual acts as both a guide and a reference tool, especially for those representing clients before regulatory authorities and tribunals. The Present Publication is the 1st Edition, authored by the study group of industry experts & representatives from all stakeholders. It is edited by esteemed Chartered Accountants Ramesh Prabhu and Vinay Thyagaraj. The noteworthy features of the book are as follows: • [Content and Structure] The book is divided into multiple chapters that cover crucial areas such as: o Registration o Certification o Quarterly Updates o Annual Audits o Other Compliances under RERA • [Practical Tools] It includes practical tools like: o Standard Operating Procedures (SOPs) o Frequently Asked Questions (FAQs) o Judicial Rulings • [Dynamic and Adaptable Content] Recognising the evolving nature of legal and regulatory frameworks, this book includes various legal aspects, formats, drafts, and specimens as ready references, which practitioners can adapt based on specific circumstances. • [Legal and Peripheral Subjects] Beyond the core RERA provisions, the manual also addresses related legal areas such as Income Tax, GST, Insolvency and Bankruptcy, consumer protection, FEMA, etc. This broad scope will enhance the practitioner's understanding of real estate sector dynamics. • [Practical Application] Various formats, drafts, and specimen documents are included to serve as ready references for practitioners who need to adapt their approaches based on specific circumstances and the relief sought. • [Inspiration from Other Regions] Drawing inspiration from Maharashtra's RERA implementation, the authors have included comparative analyses and references to broaden understanding and offer a more nuanced view of real estate regulation and development. The detailed contents of the book are as follows: • General Overview and Legal Framework o This section introduces the Real Estate (Regulation and Development) Act, 2016, offering a deep dive into its inception, development, and implementation specific to Karnataka. o It analyses the objectives of RERA, the deficiencies it aims to address in the real estate sector, and the structural setup of the regulatory authorities, including the Real Estate Regulatory Authority and the Real Estate Appellate Tribunal. o It provides detailed insights into the powers, roles, and functions of the Central Advisory Council. • From the Promoter's Perspective o The book examines the role of promoters under RERA, detailing their responsibilities and the legal prerequisites for the registration of real estate projects. o It covers the entire registration process, the required documents, financial planning strategies, and operational procedures, including account management as per RERA mandates. o Furthermore, it addresses the nuances of project transfer, modifications, extensions, and the implications of external factors like the COVID-19 pandemic on project execution. • Real Estate Agents Compliance and Operations o Focusing on real estate agents, this part outlines the registration process, their responsibilities, and the impact of RERA on their business practices. o It includes an overview of changes in the business landscape, compliance requirements concerning anti-money laundering, and counter-terrorism financing guidelines. • Allottees and Associations' Rights and Responsibilities o This section discusses the rights and duties of allottees, detailing procedures for the revocation of project registration and methods for reviving stalled projects. o It also discusses financial instruments such as SWAMIH Funds aimed at aiding real estate investments and operational details regarding the associations of allottees. • Professional Insights for CAs, Advocates, Engineers, Architects o This section comprehensively covers the roles and responsibilities of professionals such as chartered accountants, advocates, engineers, and architects under RERA. o This includes specific documentation processes, quality assurance, defect liabilities, and auditing practices as mandated by KRERA. • Dispute Resolution Mechanisms o This section explains the procedures for handling complaints, filing appeals, and conducting second appeals, including executing orders under RERA and the Code of Civil Procedure, 1908. o This part provides insights into the judicial processes of enforcing and challenging regulatory decisions. • Tax Implications for Real Estate Transactions o This section analyses the income tax and GST implications for real estate transactions, providing clarity on financial obligations and tax planning for stakeholders within the real estate sector • Allied Legal Frameworks o This section thoroughly explains other significant legal frameworks intersecting with RERA, such as the MRTP, DCPR, IBC, and consumer protection laws. o It also reviews landmark judgments and discusses the strategic importance of these laws in real estate practices. • Miscellaneous Legal Considerations: o This part assesses the constitutional validity of RERA, analysing various judgments and their implications for the real estate sector. • Regulatory Documents and Guidelines: o This section provides a detailed presentation of the Real Estate Act, rules, and regulations as they apply within Karnataka, including administrative orders and specific banking directions relevant to real estate transactions. • Circulars and Notifications from KRERA: o This section is a compilation of circulars and notifications issued by the Karnataka Real Estate Regulatory Authority, ensuring readers are up-to-date with the latest regulatory communications.
Author: Mark A. Senn Publisher: Wolters Kluwer ISBN: 1454862947 Category : Law Languages : en Pages : 3250
Book Description
State-by-State Guide to Commercial Real Estate Leases is the only reference that cuts through the tangle of state laws and gathers togetherand—in one two volume setand—the essential information you need to know. It's all presented in a unique instant-access format that's quick and easy to use. With the new Sixth Edition of State-by-State Guide to Commercial Real Estate Leases, your days of fumbling through multiple titles for the valuable information you need are over. Built around 51 comprehensive charts, State-by-State Guide to Commercial Real Estate Leases reviews the relevant statutes in each state that regulate every facet of commercial real estate leasing. It gives you the statutes themselves, plus commentary explaining how they are used, case law, citations of authority, and more. Whether you're in private practice or part of an in-house legal group, this ready reference to relevant statutes is sure to help you: Cut down research time Spot possible problems early and correct or work around them Avoid costly and embarrassing mistakes Protect yourself, your company, and/or your clients at every step State-by-State Guide to Commercial Real Estate Leases is written by the top real estate lawyers in each stateand—pre-eminent practitionersand—so you can be sure itand’s authoritative and accurate. Each expert contributor has researched over 100 specific aspects of commercial real estate leasingand—from assignments and subleases to tenant's obligations and attorneys' feesand—to bring you the most complete and up-to-date coverage available anywhere today.
Author: CA Madhukar Hiregange Publisher: Bloomsbury Publishing ISBN: 9390252113 Category : Business & Economics Languages : en Pages : 1135
Book Description
About the book The purpose of this book is to enable the taxable person to understand the applicability and impact of GST provisions with respect to the Real Estate Industry. The comprehensive and in-depth practical knowledge of the four authors would help in implementation of the provisions in an easy manner. This book is divided into eight parts as follows: Part 1 - Introduction and Overview Part 2 - GST impact analysis on real estate developers: Complex Developers, Joint development, contractors and other income. Part 3 - Detailed operational law containing classification, registration, tax credits, documentation, payments etc. Part 4 - Detailed procedural law containing assessment, audit, advance ruling, appeals, penalties, demands etc. Part 5 - Tax planning avenues, GST and RERA, Transitional provisions Part 6 - Disputes and department actions, [focussing on possible dispute area & resolution]. Part 7 - Role of Professionals from GST audit and tax planning perspective. Part 8 - Miscellaneous: 220+ FAQs and filled forms. Appendices containing FAQs released by CBIC and Important Notifications. Key Features Detailed and practical analysis of the GST provisions with case laws pertaining to the real estate industry. Covering all possible dispute areas along with their resolutions. Detailed analysis of the tax planning aspect. Covering extensive FAQs for removal of doubts. Blank as well as filled forms for better understanding. Detailed discussion on the role of professionals on how they can help in various GST matters. Visit http://bit.ly/GSTrealestate for Free online updates and important information.
Author: Mark A. Senn Publisher: Wolters Kluwer ISBN: 145482235X Category : Law Languages : en Pages : 3094
Book Description
State-by-State Guide to Commercial Real Estate Leases is theonly reference that cuts through the tangle of state laws and gatherstogether--in one two volume set--the essential information you need to know.It's all presented in a unique instant-access format that's quick and easy touse. With the new Fourth Edition of State-by-State Guideto Commercial Real Estate Leases, your days of fumbling throughmultiple titles for the valuable information you need are over.Built around 51 comprehensive charts, State-by-State Guide to CommercialReal Estate Leases reviews the relevant statutes in each state thatregulate every facet of commercial real estate leasing. It gives youthe statutes themselves, plus commentary explaining how they are used, caselaw, citations of authority, and more. Whether you're in private practice orpart of an in-house legal group, this ready reference to relevant statutes issure to help you:Cut down research timeSpot possible problems early and correct or work around themAvoid costly and embarrassing mistakesProtect yourself, your company, and/or your clients at every stepState-by-State Guide to Commercial Real Estate Leases is writtenby the top real estate lawyers in each state--pre-eminent practitioners--so youcan be sure it's authoritative and accurate. Each expert contributor hasresearched over 100 specific aspects of commercial real estate leasing--from assignments and subleases to tenant's obligations and attorneys' fees--tobring you the most complete and up-to-date coverage available anywhere today.
Author: CA Madhukar Hiregange Publisher: Bloomsbury Publishing ISBN: 9390077761 Category : Business & Economics Languages : en Pages : 434
Book Description
The purpose of this book is to enable the taxable person to understand the applicability and impact of GST provisions with respect to the Textile Industry. The comprehensive and in-depth practical knowledge of the three authors would help in the implementation of the provisions in an easy manner. This book is divided into eight parts as follows: Part 1 - Introduction and Overview Part 2 - GST impact analysis on relevant sectors: Manufacturers and Traders, Service Providers, Job workers and other supplies. Part 3 - Conceptual law containing classification, ITC, valuation, place of supply, reverse charge and transitional provisions. Part 4 - Procedural law containing registration, payment, returns, refunds, assessment, audit, advance ruling, appeals, penalties, demands etc. Part 5 – Import and export containing SEZ supplies and FTP incentives. Part 6 – Disputes mitigation and department actions, [focussing on prevention of possible disputes & their resolution]. Part 7 - Tax planning and professional services. Part 8 – Miscellaneous containing FAQs and filled forms.
Author: Stefano Simontacchi Publisher: Kluwer Law International B.V. ISBN: 9403532017 Category : Law Languages : en Pages : 721
Book Description
The global listed property sector has been characterized by a variety of noteworthy developments in recent times, the proliferation of real estate investment trust-type structures in countries around the world key among them. Despite an uncertain economic environment, REITs have proven their ability to promote institutional real estate investments in global financial markets. This highly practical book features a comprehensive analysis of both the legal and tax underpinnings of REIT-friendly legislation in a variety of the world’s most significant jurisdictions. With regard to the legal framework, the structure and functioning of a REIT is carefully investigated and explained. In terms of tax issues, the book focuses on such key issues as: REIT formation, operation and liquidation; mergers, acquisitions and dispositions; as well as planning for public and private REIT offerings and re-securitizations. REITs are inherently complex and their interplay with tax treaties further compounds the complexity. This highly accessible yet authoritative work is the perfect decision-making tool for any professional looking for perspective and guidance on the challenges and opportunities REITs engender.
Author: Sourish Mohan Mitra
Author: Sourish Mohan Mitra
Author: CA. Ramesh S. Prabhu
Author: Ramesh S. Prabhu
Author: Mark A. Senn
Author: CA Madhukar Hiregange
Author: Mark A. Senn
Author: CA Madhukar Hiregange
Author: 
Author: Felix S. Cohen
Author: Stefano Simontacchi