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

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...
Post a Comment
Read more

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subs...
Post a Comment
Read more