Skip to main content

Kerala High Court bolsters flat owners’ registration rights

A simple directive issued by the Kerala high court has brought into effect the right of owners to register their apartments individually, thereby tremendously enhancing sale ability of apartments.

The directive, issued by Justice A Muhamed Mustaque on a petition by J K Pearl Apartment Owners Association at Pulleppady, also enables setting up a basic framework of rules regarding right of apartment owners on common facilities and maintenance.

In a petition filed through advocate P B Sahasranaman, the association secretary P Krishna Das questioned the registration department's denial of registration of apartments individually as per Kerala Apartment Ownership Act of 1983.

The Act provides for ownership of individual apartment in a building and make such apartment heritable and transferable property. The practice now is to register apartments under the Registration Act, which often leads to a situation where the exact rights of an individual apartment owner are not clearly specified. 

Additionally, the Act facilitates registration of a declaration of the apartment, which describes the common areas and facilities, value of the property and each apartment, percentage of rights of each apartment owner on common facilities and purposes, including voting; restrictions of use, votes required to rebuild, repair, restore, or sell the property; and any other aspect regarding ownership of the apartment. 

The Act provides that in all registration offices, a book called 'Register of Declarations and Deeds of Apartments' should be maintained, along with an index. Through an affidavit, the inspector general of registration claimed that no such register has been provided to the registrar and that government hasn't provided any guidelines on it. 

Declining to agree, Justice Mustaque held, "Every association has a right to register the association in accordance with the Act. The rights of apartment owners forming association and carry out the objectives in terms of the Act cannot be defeated for the reason that the government failed to provide any register." 

The court ordered the government to provide register to all sub-registrars for registering as per the Act within three months. Further, the court directed inspector general of registration to order sub registrars to allow registration as per the Act and record it in the Book One kept as per Registration Act until the government provides registers.

Article referred: http://timesofindia.indiatimes.com/city/kochi/High-Court-bolsters-flat-owners-registration-rights/articleshow/45600935.cms

Comments

Post a Comment

Most viewed this month

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice

In CIVIL APPEAL NO. 12238 OF 2018, Pioneer Urban Land & Infrastructure Ltd. vs Govindan Raghavan, an appeal was filed before the Supreme Court  by the builder against the order of the National Consumer Forum. The builder had relied upon various clauses of the Apartment Buyer’s Agreement to refute the claim of the respondent but was rejected by the commission which found the said clauses as wholly one-sided, unfair and unreasonable, and could not be relied upon. The Supreme Court on perusal of the Apartment Buyer’s Agreement found stark incongruities between the remedies available to both the parties. For example, Clause 6.4 (ii) of the Agreement entitles the Appellant – Builder to charge Interest @18% p.a. on account of any delay in payment of installments from the Respondent – Flat Purchaser. Clause 6.4 (iii) of the Agreement entitles the Appellant – Builder to cancel the allotment and terminate the Agreement, if any installment remains in arrears for more than 30 da...
Post a Comment
Read more

Inherited property of childless hindu woman devolve onto heirs of her parents

In Tarabai Dagdu Nitanware vs Narayan Keru Nitanware, quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her husband. Justice Shalini Phansalkar Joshi was hearing a writ petition filed by relatives of one Sundarabai, who died issueless more than 45 years ago on June 18, 1962. Article referred:http://www.livelaw.in/property-inherited-female-hindu-parents-shall-devolve-upon-heirs-father-not-husband-dies-childless-bombay-hc-read-judgment/
Post a Comment
Read more

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more