Tuesday 31 January 2017

Stair-case and its utility


 


Staircase contributes to the overall appearance of the building. Climbing the stairs will be a lot better since it keeps one healthy by burning a few calories. Lifts in high rise building may be a necessity, but use of the staircase is the best option during emergencies such as fire in the building.

Use of the materials with many varieties of glass, cast iron and steel has become versatile and are being available at affordable prices. The immense possibilities of a staircase can be explored in terms of locations, materials and styles. Stairs may be spiral, straight, curved or in any other shape to suit the requirement and the circumstances and to exhibit the talent and vision of the Architect to bring in an elegant look to the building or structure. The heaviness of concrete staircase is now being replaced by the sleekness of steel. Spiral staircases are used in limited spaces. Straight run staircases are built where more floor space is involved. Geometric staircases have a pleasant look, very expensive and their width is not uniform. Stainless steel can be used for handrails to reduce the cost.

Dimensions of the staircase are normally specified in the building rules keeping in mind the various factors. The minimum width of a stair has to be 90 cm, riser 15 to 17.5 cm and tread 25 to 30 cm., for any house and for the public buildings, the riser must be six inches or 15 cm and the tread one foot wide or 30 cm.

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CLEANSING OF THE SITE





Before starting any work, for the most part, the system for development possesses the need. Additionally, before starting development, the development site should be completely purified and prepared for development. This is alluded to as cleansing of the area from shrewdness impacts. This technique needs a very much prepared bricklayer, who is as basic as specialist. Partner unpracticed artisan together with his un skillfulness could deface the fortunes of the occupants of the arranged house. 

Numerous bricklayers have right comprehension of Vaastu, brought by eras. The artisans should have right instruments to stamp the bearings and to experience the site. Their key devices, setsquare to repair, right corners, halfway bearings, and opposite to ensure opposite precision of the dividers, should be utilized with perseverance. Indistinguishable apparatuses should be utilized till the advancement is finished; something else, there are additionally varieties in regions of the rooms and place in the middle of parallel dividers. 

Checking bearings: 

To start with the bricklayer should set up all the eight headings legitimately, that is trailed by change, and planning of plot. The bearings, south, west, and southwest ought to be hoisted than east, north, and upper east. Any pits, shallow spots, wells in feeble or unfavorable positions should be full up. The surface of the site should be leveled with raise inside of the headings of south, west and southwest. Stay away from destinations with ant colony dwelling places. 

Leveling and transforming, raising inside of the site ought to be done before starting development, however not when, to keep away from insidiousness impacts of Vaastu. A well or bore well ought to be demolished in north east, east or north when the dream is set and exclusively its water ought to be utilized for development. No less than, a sump ought to be set in any of those headings. try not to store, the advancement materials like blocks, tiles, wood, steel, stones, lime in north, east or upper east utilize south, west or southwest to store them. 

Beginning of work: 

Work should ensure that the exhuming begins from upper east and salary towards North West. Rehash indistinguishable technique from upper east to southeast and from northwest to southwest. This strategy should wrap up by unearthing the southern feature from southeast to southwest. The work of establishment ought to start from southwest to southeast, southwest to northwest; southeast to upper east and completion from northwest to upper east. Comparable system is required for divider developments. Fundamentally, at the highest point of any day, the dividers at southern and western sides should be over the dividers at north and jap sides. The temperature inside of the region decides the crest of dividers; like high roof if the temperature is high and low roof if temperature is low. 

Columns: 

Columns should sq. alternately tube shaped in structure however columns at southeast ought to be constantly sq. in structure. Fundamental passage shouldn't confront the sting of any divider, column, or compound divider. In like manner there shouldn't be any tree, well, sump, pit in front of the most entryway. The upper east corner of the external dividers, compound divider should ne'er be adjusted off, wherever in light of the fact that it is allowable in option comers. Try not to have curves of bended structure on entryways arranged on jap and northern sides, however such bended curves are allowable on doors arranged in south and west. 

Flooring: 

The deck of the house should set in this way on encourage the stream of water from southwest to upper east. The degree of entryways should orderly continue diminishing from south to north and west to east. The ground level of the rooms in southwest ought to be higher in examination to option rooms inside of the house and it should be most reduced at upper east. The deck should be strong and firm staying away from any shallow sound. In case you're tearing down unspecified house, start it from upper east and store reusable things in southern or western segments of the area, since the work if extending from south or West conveys sick wellbeing to senior male and female individual from the house. a prepared bricklayer knows about the greater part of those fundamental standards who assumes an essential part.

Sunday 29 January 2017

Moderate HOUSES-NEED OF THE DAY



 


At every gathering, every class, every meeting, prominent speakers from the imperative Estate exchange and Housing Finance exchange are talking concerning the shabby lodging. It's an understood demonstrated truth that the interest for private lodging is constantly expanding, essentially inside of the higher and brings down monetary profit groups. Lodging for poor people classifications is normally a trouble that remaining parts uncertain, since no one is entranced by retaining the lodging seeks these people. Except for the wealthy classification, higher still as lower) and poor class, one class' people underneath destitution line (BPL) that, it appears, has never been tended to. The interest for homes for center and poor class is guaranteed to be very high, however the property designers give off an impression of absorbing so as to be not an awesome arrangement entranced any comes in light of the fact that the proportion will be generally low. 

Moderateness could be a relative term. It differs from people to people, even individual to individual. There are those that will bear to have house/level expense bookkeeping Rs.75crore and there are those that can't buy a house/level even cost bookkeeping Rs.5lakh while not raising a credit. They can't pay even the enthusiasm on such advances. Presently a-days the advance offices are available basically and people do endeavor to have their own particular homes pads by raising advances. Obviously, people inside of the urban territories, fundamentally in significant urban communities and Metros, place themselves in "pursuit" mode and investigate to purchase a hotel convenience shoddy for them. 

The property designers sort out, through their affiliations, sporadically shows, property Melas and so on inside of the significant urban communities for advancing their properties. to attract the NRIs, displays and melas are sorted out by the property engineers in distinctive nations, especially inside of the geographic district. 

As we tend to are talking concerning reasonableness, UN organization will manage the cost of could be a matter that is possibly set by the money related foundations UN office move to supply credits. The moderateness is chosen the thought of month to month monetary benefit of the individual, the errand security of the individual, guarantee securities available, scope of years the individual will be in commission before retirement, and so forth subsequently, the money related foundations process the number that the individual will bear to pay month to month and along these lines the sum for remuneration of credit and enthusiasm here on. 

The designers take up the lodging comes in various parts of town. The comes are typically intended to suit various classes of people. The upper class people haven't any drawback of moderateness. Scope of created pads/houses/destinations will be available inside of the property market at the expenses which can suit them. In the vast majority of the instances of this class, the moderateness isn't in any way shape or form as they will get the property by and large or through the money related foundations as they will raise advances with none issue. They get the property that they will bear the cost of basically with none object concerning the EMIs. 

Property designers extra entranced by this classification of shoppers in light of the fact that the arrangements are settled rapidly. The shoddy lodging, worried that we tend to are talking, is appropriate to the lower social class and poor people just like the most buyers. These people will be going to buy homes, pads with help of monetary help from the banks and distinctive money related foundations. Seeable of the high estimation of development, the base estimation of pads, as we tend to see from the offers made by the designers through the media, is higher than 15-20lakhs.This least esteem is modest singularly by the inside classification people.

Thursday 26 January 2017

SAVE YOUR ROOM FROM NOISE POLLUTION



   


The chirruping songs of birds and bees may no longer greet you in the mornings. Rather eeching brakes and noisy horns a-e probably assailing your eardrums. Vehicles that give off harmful emissions, rule the roads polluting the air near your dwelling place. You may be seated in your comfortable hying room yet the level of noise could make you think your room is actually a busy road. As commercial zones have now come up in residential areas, busy traffic characterizes the hitherto quiet roads. It remains to be seen how this factor ofnoise pollution can be dealt with. 

If windows that face busy roads are always kept closed it is necessary to consider the different types of insulation to use. 

Rubber felts and gaskets usually are fitted around the glass in the window. A good beading such as that of a car will keep out noise as well as the vibrations. If a window is not properly fitted, the noise and vibration of moving vehicles is sensed inside. Should your patio overlook a busy street there is not much point having French windows opening on to it. It would be wiser to have artificial ventilation as fresh air cannot be obtained here. 

According to an architect, EPDM gaskets fit snugly and are light and thin. The usual rubber gaskets have the disadvantage of being heavy and become hard losing their elasticity and cracking in a single summer. 

Polymer is a material with zero sound and vibration being the best choice. However as it is costly, it is not very popular. You can have either wooden, aluminium, steel or polymer frames for the windows. The most sought after material lately is aluminium. If aluminium is of good quality it will shut out the noise somewhat. The lower quality one that is not machine made may be unsuitable for fitting and could have gaps through which noise may seep in. If sliding windows with aluminium frames are used they may leave gaps when it is not well structured. No gasket will be effective in that case. 

You may have either sliding or casement type of windows. Casement windows fit better and shut out most of the noise and vibration. Its insulation too is effective. 

Recently double glasses with a thin laminating film have become available that shut out the noise totally. It is possible to obtain these laminated double glasses off the shelf in regular sizes but the fitting is important. In case of a bad fitting the purpose may be defeated completely. 

The effectiveness of the insulation depends largely on the type of window frame and beading used but in order to have effective insulation one must go for double glass window glazing. In this the gap between two pieces of glass is filled with a vacuum which stops noise traveling from the outer layer to the inner one. If there is air in the gap the noise will travel through the medium making double glass useless. 

Rough surface exterior walls are important if the house faces a glass building. As glass reflects sound it will be increased in a noisy area. The exterior walls should be rough to remove the noise. 

It is best to choose heavy curtains, upholstered furniture, carpets, wall paper and textured paints to diffuse the noise. Cloth absorbs noise and rough surfaces diffuse it. One could plant trees, and hedges along the road to absorb the noise.

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Tuesday 24 January 2017

Construction Tips for Narrow Sites




If one’s site has an arrow front age, but good depth. Designing a Residence on such a plot undoubtedly poses a host of problems, particularly in terms of circulation of natural lighting and ventilation.

Nevertheless, it’s the kind of challenge any Creative Designer seeks. At the outset, one can imagine what happens if the site is situated in a continuous building zone. Isn’t the natural light and ventilation blocked out from either sides of the plot?

Apart from the basic ventilation and lighting, the building also must have some aesthetic character to it. So how does one go about achieving this?

It is easy to give up considering the constraints the site poses. But if one’s intention is to achieve quality space rather than letting the built-up space occupy the entire space, then some interesting solutions are possible.

Let us go through a few important points to be considered in dealing with the narrow sites:

1. Leave good frontage. Do not start the building right on the street.

2. If one is forced to start on the street line because of the space constraints, provide car porch or entrance lobby immediately. This will act as a buffer zone between the main building and the street in terms of privacy, noise and dust pollution to a certain extent.

3. Do not put up any structure above the ground floor space close to the street. Leave it as a terrace or have a sloped roof. This will help to maintain the scale of the building, especially when the streets are narrow.

4. Do not provide balconies close to the street. This will give a feeling of a street house. Exclusivity will be lost in the process.

5. Try to leave at least 3 ft. on one side of the building. It will help not only to improve the lighting and ventilation, but also provide better circulation and direct access to service area at the back.

6. Side open space also will help to provide the service lines like sanitary, plumbing, rainwater harvesting and cable properly.

7. Instead of small Ots (Open to sky) areas, provide sufficient sizes of multiple Courtyards.

8. Multiple smaller Courtyards provide an excellent natural ventilation system to keep the inner temperature reduced considerably.

9. Multiple smaller Courtyards are ideal and flexible in terms of present culture and lifestyle compared to a large single Courtyard of olden days.

10. These Courtyards will act not only as the extension of the adjacent rooms, but also serve as a multi-purpose space.

11. Grilles or concrete/stone/wood will help to make the Courtyard secure.

12. Inner Courtyards bring lots of diffused light cutting down harsh sunlight. One can enjoy soft and even sunlight throughout the house.

13. Inner smaller Courtyards could help to avoid monotonous feeling of corridors that link the various units of the house.

14. Create volumetric link between ground and first floor. This will open up the tightness and linearity of the internal space.

15. Many air vents at the roof will help the hot air to escape, thus reducing the inner temperature considerably.

16. Having covered terraces, opening towards the Courtyards will make the house look spacious and open. Covered open terraces are also excellent multi-purpose areas.

17. Combination of both overlapping of spaces and corridor links will create very interesting interlink between the units.

18. Do not think building every space available in the site will enhance the usage and value of the house. In the long run, the benefit out of smaller quality space is incomparable with large inconvenient dingy space.

19. Be it a small apartment, or building at the narrow site, or huge palatial bungalow or informal farm-house, go for the ‘quality’ space definitely not quantity.


Monday 23 January 2017

A Child's Room



A pleasant atmosphere stimulates the latent talents of children. Childhood is not only an important period in life but it is also the time when the mind and the intellect is the most receptive. Whatever the child sees, it creates an indelible impression in his mind. The comforts we provide will help in molding their personality into a fuller and perfect one. 

Children need more space than adults, and it makes them happy. Child psychologists say that children need environments that offer them a sense of security, so that they could be encouraged to use their imagination to the maximum possible extent. It is never too early to stimulate development, and all the elements in a child's room, like colors, shapes, forms, safety and ergonomics have to be carefully chosen. 

While designing a child's room, care should be taken to ensure that it grows with the child. We should remember that in each of the stages in a child's life, the needs are different. We should provide an inspiring environment and ensure that conditions for development are created. Therefore, a child's room should have functional spaces, and it must be educational and filled with fun. 

Creating a Theme 

A tree house is every child's fantasy. It could be custom made, crafted from wood, ceramic or fabric. Themes like jungles, beaches, and cartoons are also immensely liked by children. Elders have to stretch their imagination, and must think like a child, painting colorful rainbows, swaying palm trees, the moon and the stars, mushrooms, red beetles, blue fish, dragons. Clowns, fairies and clouds. In fact the list of things that could make a child happy is endless. 

Children are drawn to colorful, vibrant pictures and they are the best for a child's room. Pictures allow children to make up stories and build up concepts. They should also have educational value. Colors encourage creativity, while patterns and textures are vital in enriching and developing visual and tactile capabilities. Paintings could be used to enliven the walls, and also to cover up construction flaws. 

Coming to beds, you will see a multitude of brands in shops and it is amazing to see the ways in which they create space. You can see bunk beds, which convert themselves into triples, beds with study areas underneath them or on the upper bunk. Some have little ladders, which excite the little ones. It can also be custom made to comfortably fit the available room. Asymmetrical shapes and bold colors help in developing creativity. Things like cupboard handles, mirrors, laminates, wardrobes and chairs could be given unconventional shapes. You can also add other fun elements like a growth chart, a crayon soft board, and a cartoon clock. 

Even bathroom accessories can be made funky and colorful. If two children share a room, then it should be ensured that each one gets separate items to enjoy independently. Huge brightly painted windows are a must for children's rooms, and stained glass is a good option. If painting the walls with cartoon characters is not possible, it would be better to go for wall papers which would be easier to maintain. Colorful Storages Children should be encouraged to keep their belongings in a colorful chest of drawers made of fiber or wood. Blocks, dolls, clothes, toys, etc. can be stored in tubs or painted shoe boxes of different sizes, and racks can be labeled with words or pictures to help children in identifying them. Going for vertical storage will create more floor space for the kids to play, and you can go for colorful hooks to hang their dolls, hats, clothes or bags. 

Now-a-days colorful bedroom units with a work surface, bed and storage space for books and toys are available for children, and they can be adjusted to suit a child's requirements. The room can be spruced up with posters and the paints used must be washable. Murals can be painted on the walls, and you can stick elements like growing charts on the wall, or create ripples of colors using a wet sponge. A toy hammock could be placed so that stuffed animals can be kept in it. A long painted rod with Velcro strips for sticking small stuffed animals would be a colorful choice. If there are open shelves, all knick knacks can be tucked inside them. 

Toddlers 

In the case of toddlers it would be wise to invest in a good crib with convertible features and with a head board and other options. They should be sturdy, unpainted and must not have sharp edges. This is perfect, and it also makes the child's move into an adult bed far less traumatic. The mattresses should be of high quality, while designing a child's room; care should be taken to ensure that it grows with the child. We should remember that in each of the stages in a child's life, the needs are different. Therefore, a child's room should have functional spaces, and it must be educational and filled with fun. Ergonomically correct, must be able to withstand wear and tear, and should be made of non-allergenic material. For bedding choose cent percent natural fiber. Their sides should be nonskid and must be easily washable. Furniture should be lined along the walls to provide more floor space for play. 

Safety precautions 

As children are tender and sensitive, all articles for their rooms should be chosen with utmost care. The paints should be lead-free and those that are water based or acrylics and all furniture and toys must meet safety standards. All electrical sockets should have safety covers, and should be fitted high on the walls. The best idea would be to consult the kids and involve them in planning their rooms, and that would naturally make them participate in the maintenance of their room.


Sunday 22 January 2017

METHODS FOR COOLING YOUR HOME



 


Due to the ill efforts of pollution and other related issues, temperatures are soaring above normal in some parts of the world and on account of this, the need for air conditions are felt by many. The increased usage of air conditioners across the world has resulted in the increased consumption of electricity. 

If you wish to reduce your electricity consumption or protect the environment in your own small way, there are enough ways to cool your home without having to use an air conditioner. These methods are not new, and have been in use during earlier generations when our fore fathers did not have electricity or air conditioners to support them. 

If you are in process of building your home and are looking to methods to reduce air conditioner usage, insulation of walls and ceilings is a good option that can reduce heat during summers as well as cold during winters. This reduces the usage of room heaters also. 

Cross ventilation is a wonderful concept, whereby no equipments are used. The concept is simple, as it used the follow of air to create a cooling effect, without holding the air so that it does not become stagnant and increase temperature. The ventilation points, like windows, are place so that they are in opposite directions, and wind flowing from one direction to the other, pass through the room but exists immediately, thus cooling the room. 

Another effective method of reducing internal heat is by installing sun films on your glass windows. This reduces the Temperature inside by at-least 3 to 4 degrees. Creating a garden and maintaining it is a great controller of heat. Trees and shrubs help to cool the environment and hence lawns are great idea, especially if you are in a single home or condominium. Curtains, drapers or blinds can also reduce interior temperature, especially if you keep them closed during the afternoons. Household in equatorial regions also use the technique whereby water holding materials like soil are used as insulation of the roof, and water is poured over it during the evenings. This helps in decreasing the interior temperature as the roof tends to stay cool. 

Using fans are the most convenient way to cool your homes. Though fans also require electricity for its functioning, the consumption of electricity is far less than that of air conditioner. These fans could be ceiling fans, portable fans, table fans or even pedestal fans. Fixing of these fans in the room as well as on the attic can help in reduction of temperature. 

Swamp coolers are an inexpensive way of cooling your home, as they use very less electricity, but more water. One another way that is used in some other parts of the world is by painting the roof with reflecting pain, which reflects the sunlight, thereby not observing any heat on to the roof. This helps in reducing the temperature inside the house. 


Friday 20 January 2017

EARTHQUAKE RESISTANT BUILDING


 

Flaws in the construction of high-rise buildings in many important cities in this country have made the people vulnerable to the serious dangers involved at times of earthquakes. It is high time, that this fact was grasped by the Public. During the last two years there have been several conferences and workshops on the topic of reducing risk from earthquakes. People from the Scientific and Engineering Community are interacting on issues related to earthquakes.

There is unanimous agreement among the engineering fraternity in pinpointing the category of buildings which are mainly at risk among all the buildings in India. It happens to be the buildings on stilts. It happens to be buildings which have an open ground floor area that is often used as a car park.

It is a fact that most of the buildings on stilts would fall should there be a big earthquake whether in seismic zones 3, 4 or 5. Almost 60 percent of the Indian landmass belongs to these zones with the greatest danger being in zone 5. There are four zones and zone 2 is the least dangerous. Zones 3, 4 and 5 include most of our important cities of Mumbai, Delhi, Hyderabad, Pune, Chandigarh and Kolkata.

Adding to the problem, it is a fact that the buildings on stilts are all multi-storied. This makes the rate of casualty even higher than a low-rise building. If the Government is conscious of this grave problem what is it doing regarding this? 

It seems that such a problematic issue is easier to sweep under the carpet. Even though the people in authority are aware of the situation it just seems to get bigger with more unsafe buildings being added in the cities.

However, it can be resolved, if faced in a methodical and timely way. Awareness must be awakened among the masses that all buildings on stilts are to be counted as unsafe till a safety certificate is given by a structural Consultant. The majority of Indian cities have multi-storied buildings constructed on 9 m to 12 inch (22.5 cm to 30 cm) thick columns and this is very inadequate even for zone 3. If there is a major quake, these structures are bound to collapse and crash.

The Owners or Occupants should have a structural check done for their building in order to pinpoint those that need to be upgraded by a structural retrofit. For this, the giant task India possesses thousands of structural Engineers who can be of Assistance. Small cells of individual consultants working on a building each would be very successful in a public-private partnership representation.

The majority of buildings in Indian cities and particularly those on stilts are deficient in stiffness. If any building is known to be lacking in stiffness, it can easily be compensated by using concrete jacketing or additional columns. One has to take care and check whether that jacketing is done right down to the foundation. It must meet the criterion of minimum stiffness. But, it should not be made too stiff as that it will draw greater forces from earthquakes and be harmful.

A retrofit tactic can be recommended by the Engineer on the basis of computer analysis which can be communicated to the building Owners to be implemented. After this process, the Owners should be burdened with the responsibility of keeping the building the safe. The Government may think of giving an incentive in tax for the money used on retrofit of residential buildings.

Thursday 19 January 2017

Your space, as you like it!



Handpicking products, offering exclusivity, making room for customization - a number of players in the home decor market are leaving no stone unturned to ensure that you get your home done, the way you want it.

For those setting up their homes, the approaches to interiors are varied. Each of these approaches works towards easing the process of curating looks for a home that is unique and customisable, all the while being representative of the homeowner's personality.

Technology has played a huge role in easing the once complicated processes of mood boards and selection of elements. Three-dimensional renders of possible interior options give customers a better idea of what to expect. In fact, with choices being made available at the click of a button (online), just about everything you need is now simpler to get. That being said, there is a still a good demand for customized creations for homes that can be created or curated from scratch for a completely unique home.

There are several service providers in the market that work on this. Radeesh Shetty, founder of The Purple Turtles Lighting Ideas Pvt Ltd (they create customised lighting solutions), attributes the increased demand to customers being well-travelled and knowledgeable. "Thanks to the Internet, the world truly has become small and people can access and see things happening almost in real-time. Owing to this phenomenon, people are spending a lot more time designing their space, and more specifically, furniture and furnishings to their taste and liking," he says.

Catering to evolved tastes

"Quality and something beautiful are what people are looking for, for their homes," reckons Venkatram Reddy, co-owner of BasavaAmbara, a boutique in Basavanagudi that occupies the outhouse of the beautiful heritage home of the Mahadevans. Indian art and artefacts in various forms and media such as stone, wood and metal collected over the years by Venkatram adorn the store with their distinctive beauty and are made available to the discerning consumer.

"Today, customers are exposed to fine things from all over the world; so even in a contemporary setting, they want a piece of heritage that has history," he says, while ensuring that he picks and chooses pieces that are of quality and not simply because they are old. The connoisseur prices are well justified by the history each piece has, their age and the craftsmanship involved.

Knowledge is power

"Information on the latest trends on the international circuit empowers consumers to look out for the best piece of furniture for their personal spaces, available at realistic prices, says Sunil Kumar, MD, Cherry Pick (a furnishing store that offers international furnishing brands such as blinds from Hunter Douglas, mattresses from Simmons, carpets from Pierre Cardin and sofas from IMG in Norway, among other products).

Wednesday 18 January 2017

CONSUMERS COURT ORDERS: DEVELOPERS CANNOT HOLD ON CONVEYANCE DEEDS




In a series of great court orders that may came as a relief to thousands of housing societies languishing while not a conveyance deed the patron court recently command that a developer will now not hold on to conveyance on the grounds that he must perform any construction on the plot. Quite eightieth of the housing societies in Mumbai don't have the conveyance deed for his or her building, the document transferring the plot to the housing society or the flat purchasers. Most developers don't execute the conveyance deed as they need to use the improvement potential of the plot or any extra construction rights on the plot in future.

In 3 recent cases that had return up before the patron court, developers argued that their rights to any open area or any development are maintained by the developers. The court not solely dominated in favor of the society in every case however additionally cuffed a significant penalty on the developers for defaulting on conveyance.

In Prithvi territorial dominion Society verses Prithvi builders, the court recently asked the developer to execute the conveyance among four months failing with he can need to cough up Rs.2000/-per day of the delay. in step with one in every of the residents, the society was fashioned in 2001 and for years the developer didn’t trouble to either get an occupation certificate for the building or execute the conveyance deed within the name of the purchasers forcing the society to maneuver the patron forum. The court command that unless the developer submits specific building arrange approved by the municipal corporation, he cannot with hold conveyance to the society. The patron court has additionally ordered the developer to pay total of Rs 12.13 lakh to the residents.

Similar orders were passed in Silver Arch Spring Society versus Sneha builder and in Pleasant Palace Society versus Jain builders. Just in case of Silver Arch Spring, the developer has not solely been asked to allot an exact total as penalty however additionally has been ordered to pay interest on registration charges collected from the society.

Just last year, the Maharashtra possession of Flats Act was amended thus on build it obligatory for the developer to execute the deed among four months or the residents will apply for a deemed conveyance with the competent authority. However, until date not one file has been cleared below the amended Act.

According to property lawyers unless the government simplifies the procedure for deemed conveyance, it'll stay solely on paper. “Right currently residents need to submit thirty six documents additionally to running from pillar to post to induce the deemed conveyance. The recent court orders ar vital, therein they create it clear that developers can’t use flimsy excuse of desirous to build any on the plot for not execution the conveyance deed.

How to recover property once it's unified and divided with adjacent property

A owner of a plot in possession of the correctty for quite fifteen years and with proper documents, applies for a contemporary computerised Khata certificate. Abundant to his shock, in reply, he gets a notice from the Revenue department speech communication that his property is already unified with the adjacent property and additionally divided and new pattas issued to the new house owners. What will he do to recover his property?The case involving B. Ullasavelan and therefore the Collector of Kancheepuram went like this. Mr. Ullasavelan purchased the land measure 50cents and was granted patta in 1991. He was in possession of the property and had been paying the property tax. In 2007, he applied for encumbrance certificate from the amount between 1981 and 2007 and obtained the certificate. Once he afterwards applied to the Tahsildar for a contemporary computerised patta in his name, he was afraid to receive a notice.

Not solely was his application rejected, he was told that his land measure fifty cents had been unified with adjacent property and divided. Additionally, pattas were granted in respect of these sub-divisions in favor of different people. Mr. Ullasavelan right away submitted an attractiveness to the Revenue Divisional officer with a replica to the once no notice was issued to the client who lawfully purchased the property, it amounts to deprivation of his right to property.

Collector and gave a criticism to the commissioner of Police. He additionally filed a legal document petition to quash the proceedings of the Tahsildar and direct the tahsildar to cancel the unification of the land and resultant subdivisions. He additionally prayed that a computerised patta be issued to him.

Hearing the arguments and researching the records, the Court discovered that the petitioner had valid possession of his property and therefore the chitta and adangal register carried his name until 1988. It additionally discovered that on studying of the relevant records, the property was incorrectly enclosed within the subdivisions and therefore the tahsildar’s order was passed with none notice to the petitioner. Therefore, the court dominated that the way during which his subdivisions were created cannot be sustained and therefore the order issued by the tahsildar is against the law and capricious exercise of powers.

A direction was issued to the respondents to issue computerised pattas within the name of the petitioner among an amount of four weeks from the date of receipt of a replica of the order.

Ratio Decidendi

“When no notice was issued to the petitioner before unification and subdivisions are created within the property lawfully purchased by the petitioner, it amounts to deprivation of his right to property. Thus the order passed while not affording any chance amounts to facie illegal and capricious exercise of power and prone to be quashed.


Monday 16 January 2017

FAMILY PARTITION



Properties and human beings are inseparable. With progress and social change over the ages the urge to own property, wealth has acquired demonic proportions. In the present day world, immovable properties are the most valued assets one can possess.

The desire to own material possessions reared its head in the inquisitive mind of the Stone Age man. Thus women, children came to be his first personal assets, followed by immovable properties. While literacy and social outlook have elevated the status of women and children, there has been no change worth the name as to the status of immovable property as the personal asset of the human being. So long this state of affairs continues problems relating to property transfer will persist. From Stone Age to cement age, it has been a long haul.

Partition:

Partition is division of property held jointly by co-owners. When a property is divided each member becomes sole owner of his portion of the property. Each divided property gets a new title and each sharer gives up his or her interest in the estate in favor of other sharers. Therefore, partition is a combination of release and transfer of certain rights in the estate except those, which are easements in nature.

Partition is neither a gift nor a transfer of property. It merely breaks a joint right into several rights. It is not acquisition of property or exchange of property. It is a combination of release and conveyance of the rights of the property in favor of individuals. And therefore it can be affected orally. Partition is not transfer but when it assumes the form of transfer, the intention may be to hoodwink the creditors.

The basic character of joint Hindu family is that each member has inherited title to the property by birth. Each member has joint title to the entire property and that joint enjoyment of the title is converted by partition into separate title of the individual co-owner for his enjoyment. Therefore, it is now an established fact that partition is not transfer, but transformation of joint property.

There are some properties, which cannot be divided physically. If physical division is not possible, partition can still be affected by paying cash or other assets to a sharer in lieu of his or her share in the property. Such situation arises when the division of an estate is considered to be dangerous and unreasonable, and when such division dilutes the inherent value of the property, or when the immovable property is too small for division.

The instrument of partition is a document by which the co-owners of a property agree to divide the property among themselves by oral agreement or written agreement or by arbitration or through court. If a document of release shows that the executants are to get cash or other assets, the document is an instrument of partition. The basis of partition is equality. The parties shall share the property equally.

If there is no agreement among the co-owners for amicable division of the property, the only alternative is to sell the property by mutual consent or by court decree and distribute the sale proceeds among the co-owners. Any of the co-owners may also enforce partition through Court.

In a partition suit a court may have decreed partition of the property in the interest of the co-owners. But if it is found that the sale of the property and distribution of the proceeds to the co-owners is more beneficial, the court can at the request of the shareholders direct sale of the property and distribution of the proceeds to the co-sharers.

There are three types of co-owners: Joint tenants or tenants-in-common; Hindu Joint Family owners or coparceners; partners of a partnership firm. Under the Hindu Law in general everyone being a co-owner in a joint ownership has a right to claim his share and such right cannot be denied to him if the property is held as joint tenants. Since joint tenancy is unknown to Indian law, there is not much difference between joint tenancy owners and tenants-in-common.

Christians and Muslims hold properties as tenants-in-common or as joint tenants and partition of such immovable property can happen by mutual consent or by partition deed or by court decree or arbitration.

Partition in Hindu law covers two aspects. One is the division of the status of the members and the other is the division of the joint family property. In the former case, the members are divided according to heir standing in the joint family and in the latter case division of joint family property into separate shares. Share of a member depends on the status he enjoys in the family. These are interlinked. Partition must be according to law. If a minor gets less shares than he is entitled to in law, the partition is defective and he can re-open the same when he attains majority. If a member gets more than his share in a property, the excess received will be treated as a gift.

It is not necessary that all co-owners agree to partition. When a member desires partition, the property is divided into two portions one for the separating one according to his status and share and the rest jointly for the others. Though oral partition is allowed under Hindu Law, it is not preferable as it may give rise to disputes particularly with respect to immovable properties. It is advisable oral partition should be reduced in writing (palu patti). Also, the Income Tax Act does not recognize oral partition of a Hindu Family property unless the Income Tax Officer is satisfied with the facts and this is possible only when it is recorded in partition deed.

Effects of Partition:

When a property is divided into more than two parts, the co-owners of the different portions shall agree to hold their portions separately as absolute owners and each of them shall make a grant to release his share from portions give to others. Necessary covenants in a partition deed are about encumbrances on the property, quiet enjoyment, custody and production of title deeds, easements of necessity payment of rent and taxes and performance of other conditions of lease, if any, etc.

Partition of joint property is not an exchange. If it is reduced into writing, it must be registered in case of immovable properties. Deed of partition requires registration. Mere writing of previous partition does not require registration. Mere list of properties allotted to different co-owners does not require registration. Unregistered deed of partition though not admissible in evidence to prove the fact of partition, cannot be used to prove that a particular property was allotted to a particular co-owner as his share. 

Partition means collapse of joint ownership. It destroys the harmony of joint ownership and of possession. A large property falls into pieces over a generation or two. The land is very much there in bits and pieces in the name of different owners.

FORMORE

Wednesday 11 January 2017

A QUESTION OF TRUST



It is difficult to define the word 'Trust' in the legal sense. The Indian Trusts Act 1882 defines Trust as an obligation connected to property ownership, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner. Even this definition does not fully capture the essence of the term. However, it is easier to describe what a Trust is. 

An operational Trust has at least four ingredients. One is the 'Author of the Trust' who creates the Trust. He reposes confidence or trust in one or more persons to execute the objects of the Trust. The persons in whom the confidence is reposed are the 'Trustees.' The person for whose benefit the Trust is created is the 'Beneficiary.' The initial money raised for the trust is its 'Corpus.' The Trust mayor may not have immovable properties. If you are dealing with a Trust property or planning to purchase property from a Trust, you have to first check out whether it is a Private or a Public Trust, or whether it is a Religious Trust. Depending on the type of Trust, the approach will vary. 

One of the ways of finding out whether a Trust is a Private or a Public Trust is to see what its objects are, and who the beneficiaries are by checking out the Trust Deed. If the beneficiaries are identifiable, then most probably it is a Private Trust. If specific beneficiaries are not identifiable and the beneficiaries are the general public or sections of the public, then it is a Public Trust. 

Bequests 

This is very critical in dealing with the properties of a Trust. The next thing is to see as to how the property was acquired by the Trust. The Trust can acquire properties by bequests, that is, testamentary dispositions made by persons through a will. It can acquire properties by outright purchase or by other modes. Frequently, properties are also endowed or orally transferred to the Trust. Separate declarations are made confirming the transfer. Though there may not be any registered document, giving property to a Trust by a valid endowment or oral transfer is valid. This has to be ascertained from the documents. 

A distinction has to be made on how the property is brought in, and on the constitution of the Trust. As per the Indian Trusts Act 1882, a Trust connected with an immovable property has to be constituted by a non-testamentary instrument in writing signed by the Author of the Trust or the Trustee and registered. The Will of the Author of the Trust or the Trustee can also constitute it. As far as movable properties are concerned, a Declaration of Trust has to be made and ownership of the property transferred to the Trust. A Trust cannot be constituted in a fraudulent manner or to defeat the rights of persons claiming interest in the property. 

You also have to check whether there is a complete investment of right, title and interest of the Author of the Trust or the Donor in the property. The documents to be checked could include declarations, tax records, and other documents evidencing dealings of the Trust. As far as sale of Trust property is concerned, especially a Public Trust, it is the deed, which governs the same. 

There should be a clear provision in the Sale Deed enabling the Trustees to sell property. If this provision is not clearly found in the Trust Deed, then court permission is required for the sale. This permission has to be obtained depending on whether the Trust is a Private or a Public Trust. Any direction contained in the 

relevant Trust Deed for affecting the sale has to be strictly met. In the case of Public Trust or Charities, permission from the Income Tax Department may be required. 

The Trust must be able to give you the title deeds and deliver vacant possession of the property, unless otherwise agreed. The persons signing on behalf of the Trust should be empowered under the Trust Deed or as per directions of court. The Sale Deed or Conveyance has to be stamped and registered as usual. Any litigation pending against the Trust should not affect the transfer of property. 

The sale of the Trust property should have been made during the term of the Trust. A Public or a Charitable Trust is, however, irrevocable and is designed to have perpetual existence, unless terminated by an order of court. In certain Public and Charitable Trusts, the competent court can frame a scheme and the property has to be dealt with in accordance with the directions or provisions of the said scheme. If authorization is required from the Board of Trustees or any other formality has to be fulfilled, then the same has to be complied with. 

Sale of properties by Trusts, which are basically educational institutions, or religious trusts is governed by different procedures. It is best to obtain competent professional advice on various aspects of the purchase, especially, the necessity of approaching the court for obtaining suitable orders or electing to purchase the property based on the terms and directions contained in the Trust Deed.

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Tuesday 10 January 2017

ENLISTMENT OF DOCUMENTS OPPOSED BY PUBLIC POLICY


 


Could an enlistment of an archive be guaranteed as an issue of right? Indian Registration Act, 1908, has beneath section17 recommended bound records that are compulsorily enlisted capable and underneath area 18, the archives, the enrollment of that is discretionary. All by itself will anyone claim as an issue of right, enlistment of a report that is required underneath section17 of Indian Registration Act 1908.Vareious States have corrected the most Registration Act and have surrounded principles there beneath.

Karnataka Government has embedded a fresh out of the plastic new segment 22-A, with result from 23.10.1976 that engages the administration to boycott the enrollment of bound records as against open approach, by telling in authority journal, and along these lines the enlisting officers might decline to enlist any such report.

Administration of state through Revenue Secretariat Notification No. RD/141
MUNOMV/2005, date.23/04/2005, has in activity of forces given underneath area 22-An of Registration Act as altered by Karnataka Act 55 of 1976 has proclaimed enlistment of taking after records as against the overall population arrangement. This can be successful from 06/05/2005.

1. Site with or without building in farming land that isn't changed over for non-horticultural reason underneath area ninety five of state Land Revenue Act 1964.

2. Site portrayed as Gramathana site (frame no. 9, 10) or option site proclaimed beneath sort no.19 underneath standards encircled beneath state Municipality Act 1964, however not by any stretch of the imagination recover as site.

3.site on an income area depicted as Gramathana site or option site or a site with an expanding on that no design set up is endorsed and a discharge testament is issued from local concocting power like BDA, BMRDA, BIAAPA, BMIC.

4. site on an income area spoke to as Gramathana site or option site, pads, modern site, mechanical site, while not essential consent underneath segment 79A and 7B filter with segment 109 of state Land Reforms Act.

Accordingly the exchange of just the accompanying properties is admissible.
a)Properties falling underneath Bruhat Bangalore Mahanagara Palike.
b) Properties allotted by BDA
c) Properties in BDA affirmed formats
d) Properties in formats affirmed by option local concocting powers like BMRDA, BlAAPA, BMIC and so forth.

In the introduction the warning, it's express that a ton of properties are enlisted upheld sham and created reports that don't leave this world lawfully flawless title to the purchaser. In a few cases, the horticultural area is exchanged by enlistment as non-agrarian area while not so much transforming it to a non-farming reason as per Section ninety five of state Land Revenue Act 1964 and state area stipend Rules 1989. This has prompted heedless development of city and option urban areas.

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