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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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…
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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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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