SAHAKARSUTRA

 Conveyance deed which is transferred by a developer to the home buyers has to be executed within three months of the project receiving OC. It is mandatory on a builder to execute the registered conveyance deed within three months from the date of receipt of the occupancy certificate. MahaRERA, recently came out with a circular that has notified and made it mandatory for a developer to submit up to date status report regarding execution of registered conveyance deed. According to section 17 of the Rera act as well as sub-rule two of rule nine of the rules of Rera at a developer has to execute registered convince deed in respect of the real estate project within a period of three months from the date of issue of the occupancy certificate. Agreement for sale executed between promoters (builders) and allottees (home buyers) post 2017, shall be governed by the rules of Rera act. The MahaRERA, has also notified that the registered conveyance deed in respect of real estate projects that ...

 Open Parking Space Cannot be Sold and this is Final: This should end the debate whether a developer can sell open parking space or not. Now it’s in written that a developer is not allowed to sell or allot a parking space for monetary considerations. This debate, whether a developer can sell or allot open parking spaces has always been the bone of contention between homebuyers and the builder community.  Many home buyers are always seen complaining that they have been sold and open parking space. Even MahaRERA claims that on several occasions it has been brought to the authority is notice, that builders sell or allot open parking area for monetary consideration. This forced the MahaRERA to come out with a circular clearly giving out statements that a developer is not entitled to sell or allot open parking area for monetary considerations. The circular by MahaRERA further states, that there have been disputes on the exact location of the parking space vis a vis the apartment. “...

Chapter 6: Who will benefit due to the CAA? The CAA covers illegal immigrants belonging to six communities, who are Hindus, Sikhs, Jains, Parsis, Christians and Buddhists from Afghanistan, Pakistan and Bangladesh, and who have entered into India on or before 31st December 2014. Persons belonging to these communities who have entered into India illegally (i.e. without passport/other documents or have been staying beyond the permitted period) would be entitled to get Indian Citizenship. In 2015, changes were also done in the Foreigners Act and Passports Act to allow non-muslims refugees from these countries to stay back in India even if they entered without valid documents. The government has favoured these communities on the basis that these are persecuted minorities in the three Countries. Arguments supporting the Act The Government has clarified that Pakistan, Afghanistan and Bangladesh are Islamic Republics and hence, the Muslims living in those countries cannot be said to be persecu...

Chapter 5: What amendments made to the original act? The Citizenship (Amendment) Act of 2019 amended the Citizenship Act, 1955, by inserting the following provisos in section 2, sub-section (1), after clause (b): Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act; A new section 6B was inserted (in the section concerning naturalisation), with four clauses, the first of which stated: (1) The Central Government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner a...

 Chapter 4: CAA and how it was passed: The BJP government first introduced a bill to amend the citizenship law in 2016, which would have made non-Muslim migrants from Pakistan, Afghanistan, and Bangladesh eligible for Indian citizenship. Although this bill was passed by the Lok Sabha, or lower house of Indian parliament, it stalled in the Rajya Sabha, following widespread political opposition and protests in northeast India. The BJP reiterated its commitment to amend the citizenship act in its 2019 election campaign. It stated that religious minorities such as Hindus and Sikhs are persecuted in neighbouring Muslim-majority countries, and promised to fast track a path to citizenship for non-Muslim refugees. After the elections, the BJP government drafted a bill that addressed the concerns of its northeastern states. It excluded Arunachal Pradesh, Mizoram, Nagaland, Tripura, Meghalaya and Manipur, except for non-tribal cities exempted under pre-existing regulations. It also excluded ...

Chapter 3: Who are Illegal Immigrants under the Citizenship Act, 1955? According to Section 2(1)(b) of the Act, “illegal immigrant” means a foreigner who enters India: Without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf; or With valid documents but stays in India beyond the permitted period of time. Laws governing Illegal Immigrants Illegal immigrants can be deported or imprisoned according to the Passport (Entry into India) Act, 1920 and Foreigners Act, 1946. These Acts provide for regulation regarding entry, exit and residence of foreigners by the Central Government. Foreigners Act, 1946 Under Section 3(2)(c) of the Foreigners Act, the Central Government has the power to order the deportation of a foreign national. This power to deport or identify foreign nationals has also been given to State Governments, Union Territories and the Bureau of Immigration. Passport (Entry into India) Act, 1920 S...

Chapter 2: What are the ways for the acquisition of Citizenship under the Indian Citizenship Act? Citizenship by birth – Section 3 Every person shall be a citizen of India by birth who is born in India: On or after 26th January 1950 but before 1st July 1987. On or after the 1st July 1987 but before the commencement of the Citizenship (Amendment) Act, 2003 where one of his parents is a citizen of India at the time of his birth. On or after the commencement of the Citizenship (Amendment) Act, 2003 where―  (i) both of his parents are citizens of India; or (ii) one of his parents is a citizen of India and the other is not an illegal migrant at the time of his birth. A person shall not be a citizen by virtue of their birth where: His father or mother possesses such immunity from suits as is provided to an envoy of foreign sovereign power authorized to the President of India and is not a citizen of India; or His father or mother is an enemy alien and his birth happens in a territory occu...

 Chapter 1 The Indian Citizenship Law The Indian Constitution that was implemented in 1950 guaranteed citizenship to all of the country's residents at the commencement of the constitution, and made no distinction on the basis of religion. The Indian government passed the Citizenship Act in 1955. The Act provided two means for foreigners to acquire Indian citizenship. People from "undivided India"[e] were given a means of registration after seven years of residency in India. Those from other countries were given a means of naturalisation after twelve years of residency in India. Political developments in the 1980s, particularly those related to the violent Assam movement against all migrants from Bangladesh, triggered revisions to the Citizenship Act of 1955. The Citizenship Act was first amended in 1985 after the Assam Accord was signed, wherein the Indian government of Prime Minister Rajiv Gandhi agreed to identify foreign citizens, remove them from the electoral rolls, ...

 Preface Purposely spread misinformation and hatred The passage of the Citizenship Amendment Act (CAA) in India has unleashed an extraordinary wave of vitriol, partisanship, and most importantly — misinformation — regarding the legislation. Until now, both the media and academic space has been almost exclusively saturated with arguments that excoriate the CAA for alleged discrimination against Muslims. I aim to bring the discussion to a generative place by analyzing the most plausible of the critiques made of the CAA.  While this is difficult, it is also necessary if we aim to understand the implications of the legislation as well as its basis in democratic, constitutional politics. In other words, engaging in such an exercise is crucial in getting at the truth. Three major criticisms of the CAA, taking for each what I consider to be a “best-case” version of the argument against the legislation. These are: • The CAA discriminates on the basis of religion • The CAA is selective...

 MahaRERA invokes force majeure; allows extension of project registration by 6 months  The Maharashtra Real Estate Regulatory Authority (MahaRERA) has invoked force majeure amid the second wave of COVID-19 giving extension to project registration by six months. A notification regarding same was issued on Friday (August 6). Dr. Niranjan Hiranandani, National President, NAREDCO, said, "It is a move in the right direction, and real state hopes for authorities other than MahaRERA to follow the same thought process, and grant similar relief in terms of Force Majeure to real estate and construction." As the lockdown was imposed in State from April 2021 impacted construction sites, it had been represented by real estate bodies, including NAREDCO, that a time extension needed to be granted he asserted. The MahaRERA notification reads, "Second wave was much more devastating than first wave and has caused great loss to human lives as well as economy. And consequent lockdowns have ...

 Mumbai: Developers Not Entitled To Sell Open Parking Space, Says MahaRERA The Maharashtra Real Estate Regulatory Authority (MahaRERA) has made it clear that developers are not entitled to sell/ allot open parking space to homebuyers.  The open parking space is part of the common areas of a real estate project as per the RERA Act and are provided free floor space index (FSI). According to the MahaRERA, the notification was issued following cases of disputes over the exact location of the parking space vis a vis the apartment.  To prevent such occurrences, developers will be henceforth Required to specifically mark the garage as open or covered parking space in the real estate project in accordance with the approved/sanctioned plans and tag it to the apartment to which it is allotted. Further, the regulatory body has directed that the garage/ covered parking space when sold/ allotted for monetary consideration, the type, numbers, size as well as the place where such garage...