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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Illegal mortgaging of apartment lands by builders after sale — how it happens, why RERA Section17 matters, and how to spot it on CERSAI
When a builder sells flats in a project the buyers expect — and the law requires — that the undivided proportionate title to the land and common areas will ultimately vest with the…
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Unregistered KAOA Associations Bank Accounts are illegal? As per RBI Guidelines, Banking Laws
By Vidyadhar Durgekar, Advocate/Author/Ex Dy Commandant The Banking Regulation Act, 1949, governs the operations of banks in India. It requires that entities opening bank accounts must have a legal status…
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Cancellation of the Apartment Owners’ Cooperative Societies in Karnataka-A Violation of Fundamental Right
The cancellation of the Apartment owners’ cooperative societies raises a deep constitutional question: can the state — by administrative action or judicial order — wipe out an association that its members…
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DEED OF DECLARATION UNDER KAOA 1972, GRANTS OWNERSHIP OF LAND OF APARTMENT OWNERS TO BUILDER ETERNALLY
According to Section 2 of the Karnataka Apartment Ownership Act, 1972, the Act is applicable only to Properties which have been submitted to the provisions of the Act by the sole owner or all the owners of…
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AN ASSOCIATION FORMED UNDER KAOA 1972 IS NOT A VOLUNTARY CONSUMER : SC
The legal framework governing apartment ownership in Karnataka has long been a subject of confusion, particularly with respect to the status of associations formed under the Karnataka Apartment Ownership…
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