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  • 13 years ago
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Dear Raghu, I had written previously to you regarding Khata Transfer on sale of an Office Unit at Prestige UB City located at No. 24 Vittal Mallya Road. I had submitted certain documents and the offi

Reported on March 18, 2011 from Bangalore , Karnataka  ι Report #33809


This is really an interesting case and first, let us understand the law.



1.      There is a law called the Karnataka Apartment Ownership Act, 1972 (KAOA). This governs how buildings like yours are to be sold, as also defines the rights of buyers. As you are aware, all properties within such multi-storeyed complexes comprise of (a) properties that are sold to individuals and therefore become private property and (b) common properties that are co-owned by all occupants of the building. The latter are common areas attached to all apartments and cannot be separated.



2.      The KAOA clearly specifies that common areas cannot be occupied by one party to the exclusion of others and neither can they be taken over by anyone, including the original owner of the apartment complex. Even the Management Committee of the Apartment building residents association cannot change this position.  Please note that the "original owner" has no special rights: he is simply the owner of some units.



3.      Under the KAOA, all these details are to be captured in a Deed of Declaration (DoD) that is to be prepared prior to the sale of the property. This deed defines each apartment and appertaining areas precisely (called "units").



4.      The KAOA mandates that the DoD cannot be altered unless ALL owners sign a modified Deed of Declaration. No original owner can unilaterally apply to amend the original DoD, because it amounts to altering the property without getting written consent of the other owners.



5. The new owner becomes a party to the DoD, the moment he signs a sale-plus-construction agreement. This freezes the pattern of the future ownership of properties within the apartment complex. No original owner can then continue to alter the property till a sale deed is signed, or till the full amount is paid.



6. The KAOA mandates that if the property is to be altered in any way, the owner has to take the signatures of all apartment owners (not merely a majority) in a modified DoD, and re-register it. Unless this is done, the modifications are not legally valid.



7.      Given these details it is not possible for the builder to say that no Deed of Declaration has been signed. He cannot sell any property to you, without a deed of declaration already prepared under the KAOA.



Therefore, please take the following steps:



1.      Please go to the sub-registrar office where you got your sale registered and file an RTI application for obtaining the Deed of Declaration of the apartment block. You can use the RTI to get these details.  The charges are: Rs. 2/- per page; or Rs. 50/- per CD. Even though it is not actually necessary, as anybody can file an RTI application, you can file the application with your own sale deed to establish that you are a concerned party. Please ask for the original document.



2. You should also ask for the BDA-approved plans which MUST be filed along with the DoD.



3. Once you get the DoD, you can file for the Khata with the BBMP.



However, it is quite disturbing that the builder has not given you the Deed of Declaration. I would suggest that once you obtain the DoD, you should share it with the other owners also, so that they can also get the Khatas issued.

What is your reaction after reading this report?