Highlighting the woes of home buyers, the forum stated that one of the biggest challenges we are facing in Karnataka is Project Land title is not getting conveyed to the association of home buyers who purchase an apartment as required as per section 11 of KOFA and sec 17 of RERA.
In its letter addressed to the DyCM, the forum requested that the government should issue an order to declare the competent authority to register apartment owner’s association in Karnataka so the promoters can comply with section 17 of RERA 2016 to transfer the common areas to association of allottees, to define the process and stamp duty guidelines for executing conveyance deed to transfer the common areas to association of allottees so that promoters can comply with section 17 of RERA 2016, to stop the practice of promoters claiming deemed registration of an association under KAOA 1972 through practice of registering Deeds of Declaration (DoD) with Byelaws of deemed association, asking Department of Co-operation to Registrar of Co-Operative societies to issue notifications to ensure all apartment associations are registered as a cooperative society under the Karnataka Cooperative Societies Act, 1959.
If the builder is untraceable or unwilling to participate in conveyance, the home buyers could apply to the Registrar for deemed conveyance.
Sanchalak of Karnataka Home Buyers Forum, Dhananjaya Padmanabhachar told BM, “Home buyer’s land is not getting transferred to the association of owners.
Hence, the land continues to remain with the promoter.
When you purchase the flat, the builder will mention the undivided interest within the sale deed but if you check the land records, it remains with the land owner/builder.
The undivided interest will never get converted to khata bifurcation and it’s only mentioned in the sale deed. This practice allows the promoter to claim the land at any point. In Maharastra, a cooperative society is formed and transfers the land rights to the society. However, Karnataka fails to follow this model.
About the failure to declare the competent authority for registering homeowners’ association, the forum has filed a complaint at Lokayukta against the Principal Secretary of the Housing Department, Government of Karnataka on grounds of corruption and dereliction of duty.
MP Tejasvi Surya had also written to Chief Minister Siddaramaiah highlighting the home buyer’s concerns after the forum made a representation.
Published On Sep 4, 2023 at 12:30 PM IST
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