- Bribe Hotline
- 13 years ago
- 2126 views
I live in a building having 30 flats. One of the flats is occupied by the son of the builder. The builder\'s son has kept 2 parking slots in the basement for himself and 5 rooms of approx 100 s.ft eac
The argument made by the owner that he can modify anything anytime is a ridiculous argument: Can a pizza-delivery boy eat half the pizza because we have not paid for it yet? Of course not. The moment we book an apartment, its characteristics are frozen; and cannot be altered without our consent. The first point is that you need not focus on the (non)-payment of property tax by the owner. That is only a minor point, which side-tracks the issue. For instance, suppose the owner does pay the tax, will you be happy? Of course not!
The core issue is, as to who is the owner of the slots and the basement in general and how you can prove that the owner does not have a right to occupy these slots. Payment of property tax does not prove ownership.
First, let us understand the law.
1. According to KAOA (the Karnataka Apartment Ownership Act, 1972), the common areas attached to the apartments cannot be separated. So the parking slots cannot be freely transferred or kept with the owner of the whole property.
2. The KAOA also specifies that common areas cannot be occupied by one party to the exclusion of others. Neither can they be taken over by any one (not even by the Management Committee of the Apartment. Please note that the "original owner" has no special rights: he is simply the owner of some units.
3. According to the KAOA, unless all owners sign a modified Deed of Declaration, no alterations can be made to it. So the owner cannot unilaterally apply to amend the original DoD, because it amounts to altering the property without getting written consent of the other owners.
4. The new owner becomes a party the moment he signs a sale+construction agreement. So the owner cannot argue that he can go on altering the property till a sale deed is signed, or till the full amount is paid.
5. 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 the modified DoD, and re-register it. Unless this is done, the modifications are not legally valid.
Therefore, please take the following steps:
1. Get the Deed of Declaration of the apartment block, by applying at the sub-registrar office; where you have signed the sale deed. This deed defines each apartment and appertaining areas precisely (called "units"). You can use the RTI to get these details. Remenber that in the RTI era, the owner cannot bribe his way out.
2. Once you have the Deed of Declaration with you, there is no need to approach any court. Directly complain to the Registrar under Clauses 81 and 82 of the Registration Act, saying that the Deed of Declaration has been violated. Please ask for the original document.
Please also demand written clarification whether the sub-registrar allowed a change by the owner unilaterally.
If the fact that the owner has made a unilateral change in the Deed of Declaration is established, the law provides for upto 7 years of imprisonment for both the owner AND the sub-registrar also, if there is collusion. Many people are simply NOT aware of this powerful act!
In order to keep up the pressure, file another RTI application after 30 days, asking what happened.
If you systematically take these steps, the owner’s son might be in hot water! Ultimately, the fact remains that if you know the law and are willing to fight for your rights, then you will inevitably win.