Author: Mayur Vinod Faria

This is Advocate Mayur Faria. I hope you found my information useful.

Project Registration

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The Real Estate (Regulation and Development) Act, 2016 (“RERA“) which was made effective on May 1, 2016. This Act was introduced in the year 2016 to deal with the problems existing in the real estate sector. RERA registration ensures that these contracts be transparent, which benefits all parties involved. The primary goal of the registration is to safeguard real estate buyers while also increasing investment in the sector.

REGISTRATION-According to SECTION 3, The necessity that the ‘Promoter’ register the real estate project with the Real Estate Regulatory Authority (“Authority”), which falls within the planning areas, is one of the key components of RERA. The Promoter of a real estate project is not entitled to advertise, market, book, sell or offer for sale, or invite anyone to purchase in any way in any real estate project or part of it without first obtaining such registration.

EXEMPTIONS-

Section 3(2) contains certain exemption from registration. It states that notwithstanding anything contained, no registration of the real estate project shall be required-

  • Where the area of the land is supposed to be developed does not exceed 500 square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases,
  • For the purpose of renovation or repair or re-development which does not involve marketing, advertising selling or new allotment of any apartment, plot or building, as the case may be, under the real estate project,
  • Where the promoter has received completion certificate for a real estate prior to commencement of this act.

PENALTIES FOR NON REGISTRATION-In case of non-registration of the real estate project, under Section 59 imposes a penalty of up to 10% of the estimated project cost and in case of continued default, an additional fine up to 10% of the estimated project cost or imprisonment up to three years or both.

Anticipatory Bail in 498A IPC

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Even though the 498A of Indian Penal Code is a non-bailable offence, it does not bar any person from seeking an Anticipatory Bail from it.

Usually, in a case 498A, the main Accused in the FIR are the Husband and his near family.

Anticipatory Bail i.e. pre-arrest Bail, can be sought by any Husband and/or his relatives against whom a FIR is lodged or if they are of information that the FIR is already lodged then they can apply for Anticipatory Bail under section 438 of Criminal Procedure Code.

This Anticipatory Bail can be applied in any District or Sessions Court within the jurisdiction of that Police Station.

Bare Section of 498A

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Section 498A of Indian Penal Code

Husband or relative of husband of a woman subjecting her to cruelty.

1[Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, “cruelty means”—

(a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

How to make changes in a Maintenance Order?

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If the circumstances of any individual receiving or paying such monthly payment for maintenance or interim maintenance change, the Magistrate may make the necessary changes.

Parties may also be involved in civil litigation. The outcome of civil action may necessitate a change or variation in the maintenance order. When it appears to the Magistrate that any order of maintenance should be annulled or changed as a result of a decision of a competent Civil Court, he has the authority to do so.

Is it Possible to Recover Litigation Expenses?

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You, as the applicant, may be responsible for any litigation costs spent while the application for maintenance is pending. If you are entitled to maintenance, an order of litigation expenses can be entered in your favour and against the person who is responsible for paying interim maintenance.

To minimise the claimant’s inconvenience, the legislation requires that applications for interim maintenance and proceeding expenses be resolved within 60 days after the date of serving of notice.

Are you entitled to maintenance while your application for monthly maintenance is pending?

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A petition or application for monthly maintenance takes a long time to be decided. As a result, interim maintenance is provided, which means that while an application for maintenance is pending, a Magistrate may order the person due to pay a monthly allowance to the person entitled.

Sufficient Means to Maintain?

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Before issuing such an order in favour of the applicant, the Magistrate must be satisfied that the person who neglects or refuses to maintain has sufficient means.

If a woman seeks maintenance in the capacity of a wife, she must be unable to support herself. In the case of a claim for maintenance in the capacity of a child, legitimate or illegitimate minor children, married or unmarried, can make a claim for maintenance if they are unable to support themselves.

Even if they have reached the age of majority, they can still seek maintenance if they are unable to support themselves due to a physical or mental abnormality or injury.

A married daughter is not eligible to receive such maintenance. In the case of a minor married female child, she is entitled to maintenance.

if she is unable to support herself, until she attains majority, if the Magistrate is satisfied that her husband lacks sufficient means

When you are unable to support yourself, you have the right to maintenance as one of the parents.

Section 125 of Cr.P.C.

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When any person neglects or refuses to maintain- 
(a) wife, 
(b) children, 
(c) parents, 
they can claim maintenance by filing an application before the Magistrate.

Such maintenance is granted at whatever monthly rate the Magistrate deems appropriate.

You are entitled to maintenance if you are a woman who has been divorced by your husband or who has obtained divorce from your husband.

A wife, on the other hand, cannot claim maintenance if she is living in adultery or refuses to live with her husband for any reason. She cannot claim such maintenance if she remarries after the date of her divorce. A husband may apply for the cancellation of any such order of maintenance on any of these grounds.

Even if the husband and wife live separately by mutual consent, the wife is not entitled to such maintenance.