The Taste of Illegally Mortgaged Money: Power, Authority, and the Ruin of Urban Living
Illegal mortgaging of apartment properties usually begins with a breakdown of governance. Builders, developers, or unauthorised associations continue to exercise control even after the apartments are sold.…
Read More...
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…
Read More...
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…
Read More...
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…
Read More...
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…
Read More...
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…
Read More...
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…
Read More...