The Haryana Real Estate Regulatory Authority (Haryana RERA) should charge the same registration fee from individuals and sole proprietorship firms for real estate agent registrations and renewals, the Punjab and Haryana High Court said on January 17, 2023.
So far, the HRERA has been charging Rs 25,000 from individuals registering as a real estate agents and Rs 2.5 lakh from ‘others’ who registered themselves as proprietary firms. The renewal charges in case of individuals is Rs 5,000 while it is Rs 50,000 in case of proprietary firms.
“The proprietary concern drives its identity and individuality from the proprietor and subsumes itself in the proprietor. Segregation of the two is incomprehensible in law when it comes to determining their rights and liabilities and legal fiction regards them as one. They would thus fall under the definition of an individual. Consequently, the sole proprietor cannot be treated as an entity other than individual when the registration as the real estate agent is in the name of the proprietor concerned,” the HC said.
After the HC judgement, real estate authorities in India will have to charge a standard fee from agents who are registering themselves as individuals or ‘Other than individuals’ like proprietary firms.
According to Tarun Bhatia, immediate past president, NAR-India, such judgments are normally quoted and followed across the country. Real estate agents across the country facing similar issues in their respective states can now quote this judgment to the authorities concerned to get relief, he says.
“This judgment will go a long way in standardising licence fees. We would still want them to be reasonable and affordable across the country. It will help in creating more self-employed realtors,” says Ravi Varma, chairman, NAR-India.
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An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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