Illegal Mortgaging Of Sold Apartment Land By Seller is a CRIME
Under the Real Estate (Regulation and Development) Act, 2016 (RERA), when a builder sells flats/apartments in a project, the expectation is that the “undivided proportionate title” in the land and common…
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Why Unregistered Associations Are Able to Open Bank Accounts — and Why RBI or Government Authorities Are Not Acting?
Unregistered apartment owners’ associations—particularly those formed without registration and without provision of law under the Karnataka Apartment Ownership Act (KAOA), have no juristic status, yet…
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REGISTRATION OF KAOA ASSOCIATION-AN ERROR CARRIED FORWARD?
The Karnataka Apartment Ownership Act 1972 is in force in Karnataka from many years but no one is able to identify the provision of law under this statute to form an association and register it. But…
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Stay Connected & Never Miss an Update! Great news, readers! We’ve just launched our official WhatsApp Channel—and we’d love for you to join us there! By subscribing, you’ll get instant notifications…
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Association evolving from Karnataka Apartment Ownership Act 1972 Violative of Fundamental Right?
The right guaranteed under Article 19(1)(c) is that every citizen has the freedom “to form associations or unions”. Implicit in this freedom is not only the right to form an association but also the right to…
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KAOA a Vehicle for Money laundering?
In many apartment projects in Karnataka, after apartments are sold and handed over, a builder may still retain certain ownership rights—oftentimes of the land or common areas—and sometimes mortgage or…
Read More...The Contradictions of the Defective KAOA 1972: Objective, Applicability under Section 2, and Its Tension with Property Rights under the Transfer of Property Act
It is stated in the statute that the Karnataka Apartment Ownership Act, 1972 (KAOA) was enacted to provide a legal framework for the ownership of individual apartments. While its stated objective is to…
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KRERA failed to comply its own Section 17
Since the Real Estate (Regulation and Development) Act, 2016 (RERA) made conveyance to allottees and their associations a statutory obligation (Section 17), Indian courts — including the Supreme Court in…
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