Flat owners in Bengaluru are demanding that the title deeds for the plots on which their apartments stand be transferred to their associations via registered conveyance deeds. This call to action comes in response to the alleged reluctance of many builders in Bengaluru and other parts of Karnataka to comply with this legal requirement. The delay has allowed some promoters to mortgage the land or initiate new construction projects even years after the apartments have been sold.
According to Sections 11 and 17 of the Real Estate Regulatory Authority (RERA) Act, promoters or builders are mandated to execute a registered conveyance deed of the undivided proportionate title in common areas to the association of allottees within three months of obtaining the occupation certificate or the completion certificate. Despite this legal obligation, many builders have failed to comply, leaving apartment owners in a precarious position regarding their ownership rights.
This issue was a focal point during a session organized by the Bangalore City Flat Owners? Association (BCFOWA), a not-for-profit organization dedicated to spreading awareness about the ownership, management, and maintenance of apartments and properties. Over 30 members from various apartment associations attended the session, highlighting the widespread concern among flat owners.
A flat owner in Uttarahalli described his experience as a first-time buyer unfamiliar with the intricacies of property ownership. He conveyed his frustration, noting that despite paying Rs 60 lakh for his flat, he has no documentation aside from the sale deed to confirm his ownership of the land. The encumbrance certificate does not include his name, leading to significant concerns about his ownership rights.
Another flat buyer, who lives in an apartment complex in Whitefield, questioned how they could prevent new encumbrances from being placed on the land without the conveyance of the title deed for the entire property.
The push for proper conveyance deeds is gaining momentum as flat owners seek to secure their ownership rights and prevent further exploitation by non-compliant builders.
