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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