Karnataka Apartment Owners Act Part One – Apartment Association And Registration of Deeds, Declarations
In order to buy your own apartment and become a member of the apartment association, there are a few steps and legal processes that you’ll need to know about.
It's wise to be well versed in all the legalities involved while buying an apartment in the state of Karnataka. Although a real estate lawyer can take care of the half the issues in this regard for you, being aware of your rights and your position in the entire setting can help you make better and faster decisions. There are many deeds and declarations that you will have to go through while buying an apartment in a city like Bangalore.
Talking to the members of your apartment association can help you get a clear idea. Senior members of the apartment association will guide you through the legalities involved.
The Karnataka Apartment Owners Act 1972
This act deals exclusively with apartments that are residential in nature. Apartments are termed as transferable properties that are also heritable under this act. In order to register the apartment complex under this act, all apartment owners will need to come together and sign the particulars, which can be quite an ordeal.
The Registration Procedure:
Given below are a few facets that you’ll need to know while getting your apartment registered under the Karnataka Government:
• The Declaration should be registered properly under the Registration Act of 1908.
• The deeds involved with the house will also need to be registered with the Registration Act of 1908.
• The floor plan of the particular building should also be duly registered under the Registration Act of 1908.
• Along with the registration of the building’s Declaration, extensive details about the building should also be filed along. These details should include the building’s layout, the location of the building, and the number of the particular apartment. The apartment’s dimensions will also have to be accurately mentioned in the details. This is very important.
• The building’s name should also be specified in the details provided. If the particular building has no specific name, it should be mentioned that the building does not have a name.
• All these above mentioned details should be properly verified by an architect, who will need to release a statement mentioning that the specified details are correct.
• This statement should then be run through some local authorities under whose jurisdiction the particular building falls, who will, in turn, verify the same and approve it.
• If the submitted plans do not include the verified seal of a practicing architect, then the plans should have an amendment attached to them when they are submitted. This amendment should certify that the floor plan mentioned in the documents, the name of the house specified and the dimensions of the building are all accurate and true. This is also very important.
• The registrar or sub registrar will then register the declaration and deeds involved under the Karnataka Government through an act that was made effective in 1908.
This is the general registration procedure involved in registering an apartment and the apartment association under the Karnataka Government.