DEPRIVATION OF LAND BY SURRENDERING TO KAOA OF KARNATAKA
From Contractual Transfer to Constitutional Property Rights and the Problem of Revenue Records 1. Introduction The law relating to ownership of land and apartments in India must begin with a simple…
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Ensuring Effective Representation of the State: Revisiting Government Advocates’ Role under the Karnataka Conduct of Government Litigation Act, 2023
The Karnataka Conduct of Government Litigation Act, 2023 was enacted to ensure that the Government of Karnataka’s legal interests are defended with discipline, diligence, and accountability in the courts and…
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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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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…
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