BENGALURU: The Karnataka High Court has issued a notice to the State Government in response to a PIL filed by the Bangalore City Flat Owners Welfare Association seeking directions to the Government to implement the Karnataka Apartment Ownership Act.
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum issued the notice to the Chief Secretary, Revenue Department, Principal Secretary and the Inspector General of Registration and Commissioner of Stamps. Seeking appropriate action to stop the registration of Deed of Declaration, the petitioner approached the HC, saying the Inspector General of Registration and Commissioner of Stamps was registering Deed of Declaration along with bylaws without authority.
“By registering the Deed of Declaration, they are bringing chaos between home buyers and providing benefits to the promoters/builders who, without actually conveying the title of the property to all the owners jointly, are mortgaging the title of the land for their vested interest and business needs at the cost and expense of the home buyers,” the petitioner alleged.
It claimed that prima facie, the respondents’ action in registering the Deed of Declaration along with bylaws and entering it under Book 1 (Register of non-testamentary documents relating to immovable property) or Book 4 (Miscellaneous Register) is against the provisions of the Registration Act, 1908, and also violates the provisi.