Saturday 18 January 2014

COLOUR CREATING MOODS


In the pink of health', 'red in the face', 'green with envy', are some references that establish the psychological and physiological impact of color on the human mind. The physiology of color is visual perception, and the sensations arising out of this perception is the psychology of color. Basically, color is light energy wherein each color radiates vibrations. The vibrations and energy waves emitted vary with individual colors. The color therapy incorporates the unique impact of colors on human psyche along with the scientific application of each hue in order to achieve harmony.

As a design tool, color is immensely powerful because of its ability to transform the look and feel of a space by masking its undesirable features, enhancing beautiful details and establishing its mood. Besides having a very definite effect on each other, colors possess the ability of creating an illusion of advancing (i.e. appearing nearer e.g. red, orange) or receding (i.e. increasing distance e.g. blue, green).

The palette used in interior spaces reflects the tastes and personality of the inhabitants. As the human senses associate and respond to individual colors differently, here are a few basic guidelines that help demystify the enigma of some colors.

RED:
It conjures up images of vitality, activity, passion, aggression, desire and appetite. Red creates a vibrant and energetic mood, making it the perfect color for areas of entertainment. Small doses of red can be very flattering and bringabout warmth to otherwise stated interiors.

YELLOW:
The color of sunshine, yellow, signifies warmth, optimism, joy, exuberance and idealism. A welcoming color, adding cheer and lifting spirits, yellow is traditionally associated with glowing halos and enlightenment.

BLUE:
The calming qualities of blue lend a serene and tranquil atmosphere to its surroundings. Its receding character makes blue ideal for small spaces, or places for study and reflection. Like many colors, blue has contradictory connotations. It has an intellectual and aristocratic aura; on the other hand, it is also associated with depression.

GREEN :
Symbolically associated with nature and growth, green represents freshness, good luck, youth and vigor. This hue improves efficiency, expresses the will in operation, firmness and persistence, generating the desire for social reforms. On the downside, green in linked with envy and sickness.

PURPLE:
The color purple embodies the balance of red stimulation and the blue calm. While evoking an esoteric mood, and creating an enchanting, exotic ambience, purple suggests perfection, mystique and nobility.

WHITE AND BLACK:
White, the lightest hue and Black, the darkest color serve as powerful fundamentals that bridge color gaps. White, the color of the dove of peace, exemplifies purity, simplicity, precision and reverence. It instills an aura of expanse but an overdose of white emanates clinical sterility. A representative of modernism, black, is a sophisticated, elegant and sensual color. On the flip side, it denotes mystery, fear, depression and grief.


The perception of color changes with the quality of light, the texture of the surface, and even the eye of the observer. Color affirmations and visualizations are powerful methods of color therapy, generating balance and harmony in the environment. The color game is as much about ingenuity and individuality as it is about quantity. 

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Friday 17 January 2014

BEAUTIFYING ROOMS AND HALLS


Residences are not lifeless and inanimate structures. The living spaces inside homes reflect the style of thinking and inner mind of those living there. Attractive additions always enhance the charm of the place. Inmates of the home and including the family members could feel the changed mood and positive vibration. It will be not only a visual treat but an experience for all the senses.

Feeling the Personal Thatch:
Recall people you remember with affection. They smile, they look you in the eye, they reach out, and they open a small window into their hearts for you. It's called the personal touch and it makes all the difference. What goes for people goes also for the houses they live in. A beautiful interior done in impeccable taste reflect the warmth of your relationships, the energy of your children, and the laid-back attitude of your spouse. And it is very easily done.

Band Prints:
One of the quickest ways to do this is framed hand prints. Take a blank sheet of ivory paper and a box of acrylic colors. Let each member of your family pick their favorite color. Spread the color on a plastic plate, dip one hand in it palm down and make a print on the ivory sheet.

Once all the prints are done, let might make a beautiful house but the paint dry and get it an attractively unless it bears the stamp of the people colored wooden frame. Voila! Your who live in it, it won't really count for work of art is ready. Three hand prints as a home. Your living space should on a sheet labeled Amma, Appa and have your touch on it. It should reflect Putta or Mummy, Daddy and the person you are, the funny group of Saransh look beautiful and will characters your family is.

It is your always invite a smile and a comment home; it should have your stamp. If from your guests. To add variety you want to do this, just let your home could change the color or texture of the material you are using as a base. Handmade paper looks very artistic. A plank of plywood can look good too. If you want you can even give it a coat of paint and then do the handprints in contrasting colors or colors matching the scheme of your curtains or cushions.

Budding Artists:
If you have toddlers in the house or even older children who love to draw and play with colors, let them paint a picture and do a sketch or more each. Get these framed and put together in an assorted cluster behind the dining table or even on the bedroom wall. Given an open hand, kindergarten kids are the best at this. Try it. Untidy crayon sketches look very cute and your kids will be filled with pride and confidence at this public display of their work.

Photos For Ever:
All of us have cameras these days. Digital cameras are by far the best. The next holiday you go for, take unlimited pictures of the family tight close ups, smiling faces, warm hugs. While doing this, just keep in mind two things: take the pictures near dawn or dusk when the sun is out yet not very harsh; and let the sun be behind you. If you take about 15 shots, one is sure to be a masterpiece. Get this one enlarged and printed. You could even go as big as poster size. Depending on the mood of your interiors, it could even be done in black and white or sepia tones. Add a thick white frame and you have a gorgeous and classy wall piece ready. Lamination is another option, and frames in fluorescent colors can add a lot of life and energy. Let this print hang alone on one wall and get ready to rake in the compliments.

Another way of doing the same thing is to make a collage of about 20 smaller pictures. Get this framed and hang it from a nail on a wooden doors or the kitchen. Happy family photographs are therapeutic as well. Instead of lying in albums that we seldom get time to open, they are hanging there in our face. They serve as a reminder of the happy times you have had together and in times of stress and excess workload, help to bring a smile to your face and a warm glow to your relationships.

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Thursday 16 January 2014

FURNISHING OF LIVING ROOM


Living room is an area of a house where the members of the family sit together and spend time. It is also a place where the family members entertain their friends. This part of the house is important and must be decorated in a special way. If you are not sure about the design structure of the room, consult various designing books and design a layout for your living room so that living room decor will be easier and faster.

Colour combination:
Colour combinations play important role in creating a new look for your living room and hence smart selection of colours will instantly give you good feeling. You can choose contrast like black and white or one bolder shade with other lighter hues of the same shade. There are many designer wall treatments available in the market which can instantly give that contemporary or modem look for your living room.

Accessories:
Second thing is the accessories, try to choose the accessories that seem to stand out to you the most. Unique and bold pieces will definitely help you enhancing the look of the living room instantly.

The room should not be crowded with furniture and artifacts to avoid a heavy end effect. The appearing should be one of warrnth and too much display may give a cold and commercial look. Just one or two costly pieces kept in the right places would give the message. There should be free movement with the seating arrangement.

If the flooring for the living room is not ready yet and you do not have time to change that, carpets or modem rugs available in various shapes and sizes in the market is the best option for you.Try to mix and match things so that you can avoid unnecessary shopping and wasting your time for the things you do not need.

Furniture:
 When deciding on the type of furniture to fit in a room the nature of the occupant, the kind of use it is put to and the budget have to be kept in mind. The other side that has to be considered is the shape and size of the room.
According to the function of the room you have to build the seating. After deciding the concept you can take or ornate as long as it is functional. If there is a television the arrangement should be around the TV.

If it is for conversation the chairs should be clustered according to that. There need not be a coffee table or display unit in the living area. The display unit does not have to be a traditional one but can be a plank jutting out of a wall in an aesthetic way, and then the wall becomes the display area.For a typical high-end formal living room one could have two to three seating arrangements. For this the space should be large. A different material to bring in variety and emphasize an opulent setting could be used for each arrangement.

A small room will only allow one type of seating arrangement. According to the budget you could have leather, wood or cane seating. Hand painted blinds could be used instead of curtains and it will appear like a painting on the wall.
As the cost of wooden furniture is not too much it would come into the mid-segment category although if it is solid wood it would be costly. You should preferably use dark wood to accentuate the decor.

There can be two and three seating arrangements with nestle tables and coffee tables. There can be a planter in the corner with imitation paintings as the originals would not fit into the budget. The setting would take on an opulent look with a woolen carpet, crystals and artifacts on a display unit and coffee table. Pinewood and rubber wood can be used to bring down the cost.

Cheap metal furniture can look classy too and will go well with soft furnishing. You need to have a lot of maintenance for metal furniture. The cold look of metal can be disguised through silk throws, rugs and cushions. It can be improved by using lively colors. The color of the wall should be right.


Another option for a tight budget is cane and the cost depends on whether it is imported or Indian cane. A cane coffee table with colorful durries, ethnic paintings and jute blinds will give an ethnic effect. You can make the cane look costly with the use of soft furnishing. Arresting colors such as shocking pink or a mix of gold, blue and pink can be used.

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Wednesday 15 January 2014

FENG SHUI MAIN DOORS


Your main door is the most important feature of your house. It is like the mouth of your house, a threshold to your inner world. You definitely, would like to design it in such a way that if faces your best direction (based on your date of birth, whether you are on East or a West group person) so that every person enjoys the good luck that you enjoy.

The does and don'ts for a main door:

2.If the main door is in two parts, please use both of them.

3.Let your main door open fully without any hindrance.

4.Let the main entrance be brightly lit to welcome positive energy. Have electrical connection properly fitted there.

5.Most important is that the main entrance should not directly face staircase, either going down or up. This applies to inner staircase also. When a staircase faces the front door directly, one can get hit by severe bad luck. If you must have, then get the last three steps turned away from main door.

6.See that no doors open facing a set of stairs going up and down, specially the main door.

7.Please do not design a toilet directly over a main entrance, or facing it, as you enter, if it does then all the good energy entering your house flushes away.


9.No roads should come straight to the main door. You can avoid buying flat at the end of a long corridor too.

10.Main door and the back door in a straight line must be avoided. This causes the energy flow out of the house immediately. This holds for a window also which is in a direct line to the main door.

Energy needs path to move around, we will deal in the next issue with:

"Pathway for good energy through your house".

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Monday 13 January 2014

FENG SHUI AND ARCHITECTURE


Feng Shui is the Chinese philosophy regarding how one can live in harmony with nature. It is balance between the universe and the individual's personal space. With the help of Feng Shui, one can tap the best of the posi ti ve energy to enhance one's health, wealth happiness and acquire good fortune. The literal translation of Feng Shui means 'wind' & 'water'. Wind and water are two things in nature that are absolutely necessary for all living beings and indicate constant movement, likewise in the life of human beings, constant movement is necessary otherwise stagnation occurs. Energies stagnated, brings misfortunes and ill health.

Every single thing is made of energy. We must see to it that positive energy is generated and moved around all the time. For this, please remember to respect space. Create space in your house by designing it in such a way that you never overcome with the feeling of claustrophobia. Rooms should not surround you with feelings of narrowness. Let your house breathe. Open your house to natural light and air. Let your main door be facing an empty space, "the outside bright hall effect" and let it open into an empty space, which is the "inner bright hall" where energies can accumulate before moving and meandering gently all over your house and energizing it.

Shape of the plot or flat has an important bearing on your life. Please choose a house / flat which has a regular shape and has no missing corners. Let your architect plan it in such a way that your house retains the regular shape and does not become L or U shaped or any other odd shape. Let your interior decoration Abha Pandey also not get carried away with making missing corners with partitions etc. Each and every corner has importance in your life. All the directions play a role in enriching your life with their particular bounty. This includes the middle of the house also. Sharp and jutting corners, overhead beams, exposed beams, pillars in the house, pillars in the middle of the rooms are not quite the things to have around. Theses can be rounded up, beams can be disguised; false ceilings can also be put to hide the exposed beams.

You may also design a place as not to have two, three or more doors in a straight line. Let the front and the back door not be opposite each other. See that your windows are not directly opposite the doors or other windows. This is a sure way of letting the good energy escape quickly. Let the main door be designed, bigger than the other doors which are secondary doors.

These guidelines are given, so that, you can get your home designed to get the maximum benefit of your good luck.

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Saturday 11 January 2014

BUILDERS FOUND GUILTY OF DEFICIENT SERVICE


The lure of owning a house has made many innocent lives tragic as they do not verify the credentials ofthe promoters, builders and are often carried away by glossy advertisements.

Smt. Yeshawant Nayak responded to an advertisement of Mis Srisairaghava builders and Developers. They had advertised about forming sites at Raghavendra Nagar in Anekal Taluk. Ms Nayak paid Rs.52,300/- for the site. With fond hope of finding her site in a well developed layout, she visited the area and was shell shocked to find the entire area was under cultivation and she was unable to locate the site which she had bought.

She made enquiries with the villagers and with the panchayats office and learnt that there is no proposal of such a layout. Promptly she served a legal notice to use toilets envisaged in the City the firm. The firm did offer her an alternative site which was not accepted by Ms Nayak.

She complained to IV Additional Consumer Disputes redressal forum, Bangaloe Urban District. The Forum found that the copies of sale deed produced by the firm were not pertaining to the Survey No.36/2 given to Mrs Nyayak. Further details of village, district, where the said Survey No. located were not clear. The consumer Forum found the firm Sri Sairaghava Buildrs & Developers guilty of deficient service and ordered the firm to repay Rs.52,300/- to Ms Nayak with 15% interest from 7-5-2000 till date of realization and the forum also ordered the firm to pay Rs.2000 as costs.

Mr. Jairaj said the BATF had not been able to accomplish certain objectives, including the creation of a comprehensi ve geographical information system (GIS) database of all the 100 wards which was planned at the outset but is still not available. Similarly, there has been a lack of enforcement by civic agencies against infringement of laws like converting residential plots for commercial use and violation of floor area ratio.

Meanwhile, Mr.Nilekani, who presided over the meeting to discuss replication of the BATF model in 30 other cities I towns in State, lauded the 'outcome based performance' of the BATF and agencies associated with it. "Since the setting up of the BATF, studies have shown that 94 percent of Bangaloreans believe that things have improved," he said. The average property taxcollection has gone up from Rs. 36.1crore in 1991-1992 to Rs.195 crore in 2002-2003.

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Friday 10 January 2014

VAASTU-Requires Research And Updating


As often mentioned in this column, Vaastu is based on the climate and topography. Naturally, the prescriptions made by Vaastu will not agree with the prescriptions of any other similar systems of other countries, which vary according to its climate and topography.

The most popular systems in Asia are Vaastu and Feng- Shui. Vaastu, the Indian science of construction has its source in ancient religious texts, whereas Feng- Shui, the Chinese science of construction owes its origin to North India and was popularized in China by Buddhists. As the topography, climate of these Asian countries vary, the practice also differs, often contrastingly.Vaastu recognizes five elements Air, Water, Fire, Earth and Sky. Feng- Shui has Water, Fire, Earth, Metal and Wood as the five basic elements.

Unfortunately, Vaastu did not get required recognition in this country as such it suffered from want of research and updating. Feng- Shui is much respected in China and is periodically updated to suit the requirement of the changing culture, tradition and progress. We shall examine one simple example.
Vaastu does not recommend the water bodies in South or West, lest the water bodies absorb harmful rays of the setting sun. It holds good in case of open wells and other uncovered water bodies. But nowadays sump tanks are covered and as such the water is not affected by the evening sunrays. No doubt the modern people will scorn at such suggestion, which is obsolete.

There are other set of people who mix superstition with Vaastu. Northeast is recommended for water so that it gets purified from the morning sunrays. But some people place a bucket of water in the Northeast corner of their house, though the water source, or storage is located somewhere else. Similarly a stove is placed in the southeast corner of the bedroom.

These  directions are recommended to harness the natural elements, provided the water source, storage and kitchen, fireplace are located in that direction but not otherwise. Placing a bucket of water or stove will in no way help. Vaastu pundits should educate the people on these blind useless practices, which are tarnishing the image of Vaastu. A comparative account of Vaastu and Feng- Shui would establish how these subjects are wedded to climate and topography. Vaastu prefers northeast for doors and windows, which helps inflow of positive energy.

Feng- Shui recommends southeast as most favourable direction which is compatible with its physical and climatic conditions of China. Fire is associated with the Southeast in Vaastu, so advocates the location of kitchen in this direction. Feng Shui acknowledges south for the kitchen. North is highly venerated direction in India where mighty Himalayas is said to be the abode of Lord Shiva. 

Feng- Shui respects South direction as holy. No doubt, India lies South of Himalayas and China lies at North of Himalayas. Northeast or Eeshanya is most preferred direction for water in Vaastu, Chinese prefer North for water. Hindu Shastras acknowledge the Southwest or Nairuthya as good for senior citizens, where as Chinese prefer East for such aged people.

The tradition and culture also has its impact on this subject. Dragon is most admired in China symbolizing growth and fertility. In India, dragon is the symbol of destruction and the snake is considered as a symbol of growth and fertility. Rudraksh, pyramids, triangle and such tantric figures find important place in Vaastu where as laughing Buddah and lovebirds are recognized as auspicious in Feng Shui.


No doubt Vaastu is perfect science but mired in superstitions and blind practices without regular research and updating. Vaastu experts have a duty in extricating this magnificent system and make it more contemporary.

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Thursday 9 January 2014

VAASTU-A PERFECT SCIENCE


Vaastu, as many consider, is not a bundle of superstitions, but comprehensive science towards understanding geography, topography environment, physics, more importantly tapping the nature for happy living. It recommends suitable size, shape and orientation of the structure in relation to the site, soil and surroundings and also personality of the inhabitant.Everybody agrees that natural elements (Panchabhootas) have direct bearing on the life of every human being.

Vaastu aims at bridging the sources of these natural elements.The human body according to Nadi shastra has seven chakras. They are Mooladhara chakra, Swadhistana chakra, Manipura chakra, Anahat chakra, Vishudha chakra, Ajnachakra, Sahastrara chakra. They are Centers of power and by activating them, enormous power can be generated. They are intimately associated with water, fire, air, earth and sky-the five elements of Vaastu.

Each direction of the plot represents a certain element and it is essential that provision is made to tap the particular energy on that prescribed direction only. The northeast (Eeshanya) is meant for water, Southeast (Agneya) is for fire, Northwest (Vayauvya) is for air and Southwest (Nairuthya) is for earth element and the central portion (Brahmastal) is for the sky.

Let us examine, whether these prescriptions have any scientific value. Vaastu mandates that any water body, well, bore well, sump tanks should be placed in Northeast direction as water will be purified by morning sunrays.Nobody disputes the efficacy of the rays of the rising Sun.The southeast is prescribed for fire. Solar radiation is very important to human life. The intensity of sunrays is most powerful at southeast. This would help in heating. Positive energy of sunrays is received from east, north, north east, southeast.

Vaastu also recommends keeping more open area in north and east to derive maximum benefits of the early morning sunrays. Vaastu mandates to close the west, south, southwest and place heavy furniture in those directions and those areas to be more elevated. This would block the harmful rays of the evening sun. The water bodies are not recommended in this area, since; the water would absorb the harmful sunrays in the evening. Expose your body to the morning Sun, it will be soothing and invigorating compared to the evening Sun, which would be harsh and irritating. This establishes how realistic Vaastu is.

Another important requirement is proper ventilation, flow of natural light. Fresh air abundant with oxygen improves the health of the inhabitants. Northwest or Vayuvya is a source of abundant air, hence northwest is linked with element of air and Vaastu recommends windows in this directions.

All of us have read that earth is a magnet or acts as a magnet. The magnetic energy flows from North Pole to South Pole.This magnetic energy affects life on the earth. Everybody is aware that unlike poles attract each other, that is South Pole attracts North Pole and North Pole attracts South Pole. The mind is associated with North Pole. That is why bedrooms are prescribed in the southwest direction, and people are advised to sleep placing their head towards south and legs towards north. So that when opposite poles attract each other the body gets activated. Leaving more vacant space in east, north, north east and closing the south, west and southwest would help in maximum utilization of magnetic energy.

The sky element is linked to Brahmastal, which is central portion of the house. Many would have felt the difference of the comfort felt in old houses and modem houses. In olden days the central space was kept open and structures were built surrounding the open central space. This would keep the entire house cool and ventilated, where as the modem houses, where this principle is ignored, turn out to be stuffy and sultry.Present the Fire, Water and Earth elements are being well utilized, the other two elements Air and Sky are neglected which is the cause of many problems.

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Wednesday 8 January 2014

REDESIGNING HOMES AS PER VAASTU WITHOUT DEMOLITION


Vaastu science encompasses the knowledge of disciplines like geometry, geology, philosophy and astrology.Assuming we all are aware of basic features of Vaastu I would like to throw light upon certain facts of the subject which are present in our Vedic scriptures and vaastu science itself but have either been neglected to not followed due to lack of deep study. Having gone into depth of the subject with, mycopractioners, architects and researchers.I have practically brought into use and concluded certain methods that could be followed instead of demolition or renovation.

Lets us start off with a few scenarios posing a problem for the homes owners. As per the vaastu texts, if north west of the premises is west of my premises is weak or defective or negative, the person will have problems in movements of finished goods. He will have tension anxiety etc, so the related planet to North West being Ketu (the presiding God Ketu is Ganesh) Ganesha Yantra should be installed in the North West. Similarly if Northeast is weak is weak, starting trouble for commencement of any work or Venture might exist, difficulty in arriving at right decision slow pace of the weak etc.

The governing planet being Buddha (the presiding god of Buddha is Vishnu) Vishnu Yantra should be installed in the North East, as per the different direction. It is essentially the art of correct placement. Whereby man can place himself, whereby man can place himself in such a manner so as to absorb the maximum benefits of the five elements (Pancha Bhutas) which are Earth, Water, Light (Sun or fire) Air. Sky as well as the influence of the magnetic fields surrounding the earth. The scientific use of elements creates a perfectly balanced environment which ensures enhanced prosperity healer and well being, Scientific use of elements creates a perfectly balanced environment which ensures enhanced prosperity health and well being.

The Scientists are aware of these energy fields that envelope the earth and have done research on the subject to locate the sources of energy. Our scriptures also reveal that an exact and intimate knowledge of the manipulation of these energy fields can be obtained by various symbols, mantras, yantras, forms and shapes. Goe - biology, a part of modern science explores the science explores the scientific basis to traditional geomantic rules and gives credence to these facts. Every form has energy and the energy level of every symbol or yantra remains the same, irrespecti ve of the material used. The best example is the Swastik and Pyramid which has an energy level of I million Bovis.

Marma is another basic feature of Vaastu. Marmas are powerful energy points in a Mandala. Corresponding on the nine points of the body, namely Head, Heart, Knees,Shoulders,Sex. Navel and Thigh on which there should be not structure or fire as it would effect these very points on the body of the users of this space.These Marmasthanas are determined by interception of Vertical Sunrays and Horizontal rays caused by the movement of the earth (rotation) called as Bio Electro Magnetic grid. As per the observation of ancient vaastu studies and application the center portion of the building structure was kept open.

A deterrent to ancient Vaastu toda is the fast that a time where space is limited and costly certain structures a Vaastu cannot be followed nor make the kind of the structural changes that Vaastu requires in a preconstructed premises.
The latest study and research in Vaastu address these problems hav solutions in the form of Yantra Pyramids, Gems, Vedic Scriptur and Symbols that emit powerful energies equivalent to the nature elements which should be installed at these vital am critical Marmasthanas.

The governing features Vaastu Shastra that enable to absorb the maximun benefits of the nature  positive energies flowing around are:-
•Shape of the plot.

•Geometry of the building.

•Effect of the direction, orientation, inclination.

•Effect of Ultra-violet rays, infrared rays, Bio-Electromagnetic rays, thermal, chemical, electronic rays.

•Surrounding atmosphere and eco structure.


In order to achieve the benefit of these effects one should either demolish and reconstruct as per the law of Vaastu or construct the building as per Vaastu rules and laws which is impractical in today's life styles. Hence the usage of Yantras, Colours, Iconography, Pyramidology, Geomancy, Vedic scriptures and Symbols is very beneficial and convenient.

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Tuesday 7 January 2014

CAVEAT EMPTOR - Buyer Beware


The transfer of property Act 1882 deals with the various kinds of transfer of immovable property like sale, mortgage, lease, exchange etc. Section 55 of the acts refers to the rights and obligations of the seller and purchaser of immovable property.

The obligations of seller are:

1.To disclose any material defect in the property of sellers and title to the buyer.

2.To produce the documents of title for the verifications of the buyer on his request.

3.To answer all relevant questions of the buyer.

4.To execute proper conveyance deed on full payment of the consideration.

5.To take care of the property and the documents in the period between agreement to sell and handing over the possession of the property.


7.To pay all taxes, charges, rents upto date and discharge any encumbrance on property.

The seller has some rights; they are:

1.To receive the rents and profits of the property till the ownership passes on to the purchaser.

 2.Where the ownership has passed on to the purchaser before payment of full consideration, the seller will have a charge on the property for the amount of purchase money and interest on such amounts.

The obligations of the buyer are:

1.To inform the seller any fact which may increase the value.

2.To pay the consideration amount to the seller as agreed.

3.The ownership has passed on to the purchaser, to bear the loss on account of destruction, inflery or decrease in the value of the property not caused by seller.

4.To pay all taxes, charges, rents etc. where the ownership has passed.

5.The purchaser may retain the amount of any uncleared encumbrance, out of consideration amount payable.

The purchaser is entitled to the following rights:

1.Where the ownership has passed on to the purchaser any benefit of any improvement increase in the value of the property, rents, profits.

2.A charge on the property as against seller and all persons claiming under him for the amounts paid by the purchaser with interest.

The above referred rights and obligations of both the seller and purchaser are binding on both. But the section 55 of transfer of property Act provides an exemption. If the parties to the deal have any contract contrary to the rights and obligations as envisaged in the act the contracted obligations and rights revail, to that extent. The obligations and rights have relevance only where there is a valid binding contract of sale between the parties.

Incase, the purchaser of property declines to accept the possession of the property, he has charge on the property with regard to earnest money paid and any costs awarded to him of a suit.The rights of the purchaser is subject to certain limitations. These rights are applicable as long as the matter is in the stage of agreement and when the deal is finalized, conveyance deed is executed; the deal will come to an end. But the case is different where the conveyance is brought on account of fraud practised by the vendor.


 It is also necessary that the purchaser shall avail himself of knowledge or means of knowledge open to him or his agents to verify the credentials of the vendor, his interest, title to the property. He has to exercise due care and diligence by exercising reasonable care and then only the purchaser can claim the protection of law for any mischief played on him.

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Monday 6 January 2014

IMPROVEMENT OF CUBBONPARK


Cubbon Park was developed during the British administration of the Country in the year 1864. The Park connected Cantonment and City areas of Bangalore, which were managed by Cantonment Board and City Municipality respectively. The population of the City during that period was 1,25,000.

The original area of Cubbon Park included the Raj Bhavan, area occupied by Vidhana Soudha,and the other areas to the West of Vidhana Veedhi. The area actually used for park purpose now is the area behind the public buildings facing Vidhana Veedhi and Nrupathunga Road on the West, part of K.G. Road on the South,Kasturba Road on the East, and Queens Road and Raj Bhavan Road on the North.

Important public buildings located along the boundary of the Park are the High Court, Secretariat Club, K.P.T.C.L., and Revenue Survey Offices. Public offices, Reserve Bank of India, Yavanika Youth Center, YM.C.A,Police Head Quarters, Civil Courts, Raitha Sangha, Public Library, Century Club, Fisheries Department, Indira Gandhi Children's Library, Tennis Stadium, Museum, Visveswariah Technological Museum, Cubbon Park Police Station, Aquarium, Bal Bhavan, Central Telegraph Office, and the Head Post office.

Only on Kasturba Road a couple of private buildings and a Petrol Bunk exist. After deleting the areas occupied by the buildings along the periphery the actual useable park area is about 200 acres. visible on all the important boundary roads. Actual park area available should be improved to provide.
Many such parks should have come up in this large City, which has a population of about 60 lakhs at present. Considering the demand for parks, the Bangalore Development Authority proposed the Bangalore Palace covering about 400 acres as the Third City level Park in the Comprehensive Development Plan of Bangalore approved by Government in the year 1984 along with four large Regiona1.parks in the four corners. So far these proposals are not implemented.

The area of Cubbon originally notified was reduced by allowing public buildings mentioned along the boundary Roads. It is necessary that park should be visible on all the important boundary roads. Actual park area available should be improved to provide maximum recreational facilities to the citizens of Bangalore.

At present the facilities available for recreation in addition to the greenery; are roads and paths for morning and evening walks, concrete benches, BAL Bhavan for children, Band Stand, Tennis Stadium, Museums, Aquarium, public library, children's library, and fountains. 

The following improvements/ actions were implemented during the last three years:

1.High ornamental grill provided along the boundary of the Park on Queens Road and near BAL Bhavan.

2.Concrete paving blocks provided on the footpaths of two roads within the park.

3.Garbage bins.

4.Drinking water fountain near the Fountain opposite to Maharaja's Statue.

5.Prohibition of traffic between 5.00 am and 8.00 pm for accident free and pollution free walking and Jogging.

6.Weekly music programmer reintroduced on Sundays at 6.30 a.m.

While the above are the improvements for park activity, the following problems continue affecting proper use of the Park:

1.Cleanliness: Regular sweeping of dry leaves and waste food packets are not observed.

2.Hedges: Hedges iq the Park are not maintained. Hedges are missing at many places. Hedges along the boundaries of different portions of the Park and the animal shaped hedges are not trimmed.

3.Old Trees: We observe branches of trees or trees falling after every rain with heavy winds. The old trees are not safe and require to be removed.

4.Water bodies: The Lotus Pool in front of BAL Bhavan does not retain enough water. There is only little quantity of foul smelling stagnant water.

5.Toilets: Thousands of people use the Park from morning to night. But there are no toilets for the convenience of park users.People urinate at various points of the park making it unsanitary and unhealthy.

6.Stray dogs: Stray dogs fed by the people with old food, bread or bun, mixtures etc. are found in groups at the entry points. The stray dogs disturb the pet dogs taken by the park users while walking in the park.

7.Benches: Many concrete benches are broken and are not fit for use.

8.Illumination: Many areas in the park are not properly illuminated and such areas are risky during nights.

9.Fountains: Fountains are not maintained.

10. Restaurants: There are no restaurants or kiosks for food, cool drinks, fruits etc.

For the past three years; Government have done a good job in improving the City including restoration of lakes, landscaping of traffic islands, road medians etc. Improvement of Cubbon Park and other parks should be taken up .Major proposals for parks suggested in the C.D.P. should also be taken up like ; forming the Bangalore Palace area as the Third City level Park, forming Central Jail area as Children's Park and forming Regional parks proposed in the City in four comers of the City with natural environment.

The following are the proposals suggested:

1.Prohibition of Buildings: No more construction activity should be allowed, at the park has already lost its beauty by buildings along Vidhana Veedhi and Nrupathunga Road and partly on Kasturiba Road and Raj Bhavan Road.

2.Survey Plan: Survey Plan with contours may be got prepared to a detailed scale showing every tree, buildings, and other physical features. The contours will be useful to plan the lakes and their water spread. Survey Plan will be useful for preparing other proposals for improving the park.

3.Pools: The natural valleys in the park should be identified. There is one natural valley which runs from Queens Road leaving Kasturba Road near Museum. A series of pools may be formed by constructing stone masonry bunds/weirs across the valley to store water. Running water and water falls along the valley should be arranged by a suitable pumping system.

4.Picnic spots: Picnic spots may be created around the pools to be formed near the existing groups of trees.

5. Benches: Groups of ornamental concrete benches may be arranged under shady trees and around lakes for use by the public.

6. Illumination: The park should have suitable lighting at spots where public assemble; at fountains, along path ways etc.,There should be not be any dark spots to avoid security risks.

7. Children's Zoo: In large cities it is difficult for children to see even animals like cow and horse. A Children's Zoo may be established in Cubbon Park with animals and birds in the area around the pools along the natural valley. This will enable children to know the natural environment. Small horse, camel ,and an elephant of the Zoo may be used to give Joy rides to the children.

8. Kiosks: It is unhealthy for people to eat food articles sold by vendors. It is suggested to arrange groups of kiosks at entry points and at spots where people assemble for selling hygienic food, cool drinks and ice creams, diary and bakery products, art and crafts, magazines and books, toys etc., The spots suggested are the entry from M.G Road side, at entry near C.T.O, on the Northern side of High Court, near the Public Library, and at the Fountain near Maharaja's Statue.

9. Roads and paths: Paving blocks may be provided on the footpaths along roads and on the pedestrian paths within the Park. At several points, drainage is not good and water stagnates on roads. Such spots are opposite to Press Club, behind the old K.G.I.D. Building and in front of Tennis Stadium.

10. Landscaping: Very old trees should be removed and double the number of trees planted at these spots. Landscaping may be improved with evergreen and flowering trees in areas without trees. Lawns may be maintained. Wherever hedges are missing the same may be provided and trimmed at regular intervals. Creepers and selected species of may be arranged at the Band Stand plants/ trees may be provided.

11. Fountains: Existing fountains should be made operative and new ones to be located at suitable spots where people assemble. Colourful lighting may be arranged in the fountains during evenings.

12. Sulab Shouchalayas: Two or three well maintained sulab shouchalayas should be arranged near the Bal Bhavanl Tennis Stadium, near Queens Park, and near Public Library for the convenience of large number of park users.

13. Tall Tower: A Tall tower with lift may be arranged to view the different parts of the Park as well as illuminated roads and buildings all round.

14. Chariot: Small chariot drawn by a pony to take the children around the park may be arranged for them to enjoy.

15. Cultural Programmes: Music programmes arranged on Sunday mornings at 6.30 a.m. is not convenient for music lovers to enjoy the music. Music programmes may be arranged on Sunday evenings from 6.00 p.m. to 8.00 p.m. at the Band Stand.Programmes of amateurs and upcoming artists may be arranged during the week days to enable them to get used to audiences. Folk dances, dramas, bharatnatyam and other dances, music competitions ,magic, boxing, debates, and other programmes may be arranged during the week days.

16. Public Speaking Platform: Those willing to speak on public issues or social aspects may be provided with a platform in the raised steps area at the King's Statue.

17. Resources: Companies may be allowed to maintain different portions/ aspects of the proposals and publicity/ advertisement benefits to a limited extent be allowed.

18. Security: Security may be provided by the Cubbon Park Police Station including mounted police.


A large City like Bangalore requires the above facilities and may be arranged by Government without any delay.

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Friday 3 January 2014

HOLDING OF PROPERTY BY COMPANY


Company is an artificial person created under the Companies Act 1956 with perpetual succession and common seal.It is a legal person different from its members /shareholders.It possesses all the powers to enter into valid contracts, sell, purchase, hold, lease and mortgage the immovable property.It has a legal entity.

There are two important types of companies.They are private limited company and public limited company. Any two persons can form a private company and its membership/shareholders are limited to 50. A minimum number of seven persons can form a public limited company.

Under the Companies Act, the registration of both private limited company and public limited company is compulsory.The certificate of incorporation is issued on registration.The registrar of Joint Stock Companies issues the certificate of commencement of business to the public limited companies. This is not applicable to private limited companies.

The Memorandum and Articles of Association is an important document of a company. The memorandum refers to the objectives and powers of the company and articles of association deals with the powers, duties,liabilities of the Board of Directors, share holders/members and rules and regulations governing the management of the company.

Common Seal: 
Companies are not physical persons who can sign. Common seal is the physical form of the company. The common seal is used as a physical impression made upon the documents executed by the companies. This is special seal engraved on steel block. This is to supplement the signature of the corporate officers and to authenticate company documents.Authorization by a resolution of the Board of Directors of the company or by an authorized committee of the Board is necessary to affix the common seal. In case of some companies the articles of association deal with affixing of the common seal.

Immovable Property Transaction: 
The Transfer of Property Act mentions that a living person includes company. It is taken for granted that all outsiders are aware of the contents of the Memorandum and Articles of Association of a company. The Memo randum and Articles of Association deals with the objectives of the company. The powers and rules regarding governance of the company must be verified to ascertain that the transactions are as per the objectives and are within the powers of the company.

The Articles of Association specifically deal with powers of the directors regarding sale, purchase and mortgage of immovable property.The company may also execute Power of Attorney under its common seal empowering any person to execute deeds on its behalf.

Director, Managing agent, Secretary, Treasurer, Manager or any authorized official may also authenticate the documents on behalf of the company, and it need not be under the common seal.Any charge created by the company on its property needs to be registered with the Registrar of Companies within 30 days of such creation of charge by filing Form No.8. Charges not registered within the stipulated time are not taken into account against the liquidator of the company on liquidation, or against any creditor.Such registered charge will serve as notice to all persons dealing with the property.

The Registrar of Companies maintains the Register of Charges and it is open to the public for inspection. This is different from the details maintained at sub-registrar office and mentioned in the Encumbrance Certificate. It is necessary to inspect the Register of Charges while transacting with the company Apart from the Register of Charges maintained by the registrar, the company is also bound to maintain a Register of Charges on its properties. This is open for inspection by the members of the company or creditors.

The Companies Act has restricted the powers of the Board of Directors on conveyancing in some cases. Section 293 of the Companies Act deals with these restrictions.Consent of the general body of the company is mandatory to sell, lease or otherwise dispose of the whole or substantially the whole undertaking of the company. Like wise the consent of the general body of the company is necessary to borrow in excess of the aggregate of the paid up capital and free reserves. The Board of Directors cannot authorize this type of transaction without the prior consent of the general body. The only exception is temporary loans taken by the company from its bankers in the ordinary course of business.

So, while transacting with the company it is necessary to ascertain that the property is not whole or substantially whole part of the undertaking of the company and if the transactions involve whole or substantially whole part of the undertaking, the consent of the general body is obtained. However, where the ordinary business of the company is selling / leasing this restriction will not apply.

Similar caution needs to be exercised when the company borrows on mortgage of its properties in excess of its paid up capital and free reserves. If the company is in liquidation, only the liquidator, with the sanction of the court, can sell its property in the name of the company.

 The Board of Directors by a resolution in the board meeting has to authorize the sale, lease, mortgage or otherwise disposal of the property / purchase of the property. The resolution by the Board of Directors is necessary even in cases where general body has consented.

Unless the Memorandum and Articles of Association empowers the Board of Directors to sell / purchase/ otherwise deal with immovable properties, any resolution passed by the Board of Directors in this regard will not be binding on the company. At times, it so happens that some of the directors have interest in some transactions. Such interested directors are not allowed to participate in the discussions and vote. Otherwise, the resolution is void.

If the resolution prescribes affixing of the common seal on the documents, it has to be followed in the manner prescribed in the resolution.Copy of the resolution passed by the Board of Directors, certified by the Chairman and counter signed by the Secretary should be obtained, which should be part of the documents.

The dealings with and by a foreign company are governed by Foreign Exchange Maintenance Act, 1999.According to the FEMA 1999, a company resident outside India, which has established in India, a branch, office, other place of business, for carrying on any activity in accordance with Foreign Exchange Management Regulations, 2000, excluding liaison office, can acquire an immovable property in India which is necessary for carrying on its activity after complying with all the applicable laws, rules, regulations and directions in force for the time being, such company has to file form IPI with RBI within 90 days of acquiring such a property. Such company is also permitted to mortgage the immovable property as security to an authorised dealer for borrowing.

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