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What Is Legal Brigade's 730-Page Achievement and What Four New Practice-Drawn Dimensions Does This Batch Add? By the Property Law Team | Legal Brigade | Bar Council of Karnataka Legal Brigade's 730-page guide adds four new dimensions in the 726-730 batch -- the EV charging point installation in apartment car parks as an emerging common…
What Is Legal Brigade's 730-Page Achievement and What Four New Practice-Drawn Dimensions Does This Batch Add?
By the Property Law Team | Legal Brigade | Bar Council of Karnataka
Legal Brigade's 730-page guide adds four new dimensions in the 726-730 batch -- the EV charging point installation in apartment car parks as an emerging common area governance and BESCOM load management challenge, the registered agreement for sale that was never followed up with a sale deed as a limitation period risk for buyers who waited too long, the RERA project transfer to a related company or SPV requiring two-thirds allottee consent under Section 15 and the developer who collected GST but never deposited it with the government creating buyer exposure particularly for ITC claimants.
Page | Dimension | New Contribution |
726 | EV Charging Point in Apartment Car Park | First dedicated EV charging page. BESCOM load sanction requirement for the additional EV charging load, smart EV charging management systems as the recommended collective approach, the fire safety NOC review for basement electrical load additions, BESCOM's dedicated EV tariff category and the association's liability for unauthorized EV charger damage in the basement |
727 | Registered Agreement for Sale -- No Sale Deed -- Limitation Risk | First dedicated stale agreement page. Article 54 Limitation Act three-year period from specified completion date, the readiness-and-willingness requirement for specific performance, non-response as non-consent for transfer purposes, lis pendens registration at the time of suit filing as protection and the Specific Relief Act 2018's preference for specific performance over damages |
728 | RERA Project Transfer to Related Company | First dedicated Section 15 project transfer page. The two-thirds allottee consent and K-RERA prior approval as dual mandatory conditions, SPV transfer as a red flag for obligation escape, the transferee inheriting the original developer's RERA liabilities, silence as non-consent for Section 15 purposes and the RERA escrow account transfer process under K-RERA supervision |
729 | Developer Collected GST But Never Remitted | First dedicated GST non-remittance page. Individual buyer vs business ITC claimant as the bifurcated risk analysis, GSTR-2B mismatch as the ITC disallowance trigger, Rule 36(4) CGST Rules as the ITC reversal provision, the GST portal GSTIN search as the buyer verification tool and the distinction from Page 689's anti-profiteering issue (rate reduction vs non-deposit) |
Q1. What four new dimensions does the 726-730 batch add?
EV charging point in apartment car park with BESCOM load sanction and smart charging management (Page 726), registered agreement for sale with no sale deed and Article 54 three-year limitation risk (Page 727), RERA project transfer to related company with Section 15 two-thirds allottee consent requirement (Page 728) and developer GST non-remittance with ITC claimant exposure and GSTR-2B mismatch (Page 729). Page 730 is the milestone.
Q2. How does the EV charging page fit the association governance series?
The association governance series has covered: terrace encroachment (623), maintenance recovery (634), bye-law amendment (649), subletting enforcement (662), cell tower (686), solar panels (701) and now EV charging (726). Each page addresses a new technology or social trend creating common area governance challenges -- EV charging is the most recent, driven by India's EV adoption surge and the apartment building's unique infrastructure constraints.
Q3. How does the GST non-remittance page complement the earlier GST pages?
The guide's GST pages covered: GST basics on under-construction flats (Page 501 framework), GST on NRI seller purchase (652), GST old rate to new rate transition and anti-profiteering (689) and GST on voluntary surrender (696). Page 729 covers a different GST failure -- the developer's non-deposit of collected GST. The anti-profiteering page (689) covers rate reduction benefit not passed on; Page 729 covers the collected amount not deposited at all. Distinct violations with distinct legal consequences.
730 pages. 7,300 answers. EV charging. Stale agreements. RERA transfer. GST non-deposit. All covered.
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Frequently Asked Questions
What are the legal requirements for EV charging in Bangalore apartments? ▾
Installation requires BESCOM load sanction and smart management systems to handle additional electrical load. Associations must also review fire safety NOCs for basement additions and follow dedicated EV tariff categories.
What is the limitation risk for a registered agreement for sale without a deed? ▾
Under Article 54 of the Limitation Act, there is a three-year period from the specified completion date to seek specific performance. Buyers must demonstrate readiness and willingness to complete the transaction to avoid losing their legal rights.
Can a developer transfer a RERA project to another company? ▾
Under Section 15 of the RERA Act, a project transfer requires the prior written consent of two-thirds of the allottees and approval from K-RERA. The new developer inherits all original liabilities and escrow account obligations.
What happens if a developer collects GST but does not deposit it? ▾
This creates significant exposure for buyers, particularly business ITC claimants, due to GSTR-2B mismatches. Rule 36(4) of CGST Rules can trigger ITC reversals if the developer fails to remit the collected tax to the government.
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