RERA-Note on Pending matters on RERA implementation sent to Housing Secretary, GOK

[Ajit Naik]

Dear All,

I have attached a note which was handed over to Mr. Harsh Gupta, IAS, Housing Secretary, Government of Karnataka. I will be forwarding him another note on Final Draft of AFS which is yet to be approved by the Cabinet and notified in the Gazette. It has many provisions contrary to RERA Act.

I had forwarded the attached document yesterday through email sent by my mobile. I have been told by many members that they have not received it. Hence, I am sending it again.

Regards,

Ajit N. Naik

[sudhir pillai]

Sir

That’s well articulated. However:

The following is submitted for your consideration. 

In para 6 you state: 

‘As per KOFA-1972, the Association of Allottees can be formed under any one of the three laws-   KAOA-1972, the KCSRA-1959 and Companies Act-2013. The provisions available under section 10 of KOFA-1972 and Rule No.9 on it for registration of Association of Allottees, is now available under section 11(4)(e) of RERA Act.’

I beg to differ. 

In KOFA the options are only two ie coop society or company. This such that title transfer as required under the act can be conveyed (through a conveyance deed) to coop society or company. FULLSTOP.

s. 11 KOFA elaborates and states that in case of ‘assn of flat-takers’ [rather than ‘convey’ through a Conveyance Deed, the Act envisages that] ‘his right (such as right to use or easement right), title (of Schedule C apartment) and interest in the land (Schedule A property) and building (Schedule B) and execute all relevant documents as per agreement u/s 4.

 Of relevance is that in the latter case ie assn of apt owners there can be no conveyance [as such conveyance can only be to either coop society or company (juridical persons)]. In this case, before these laws were bastardised by vested interests Maha apt owners act envisaged agreement to include a sample Lease Deed (a leasehold arrangement is what MAOA and KAOA envisaged and is feasible if title was not held by coop society or company) for the common areas that would be executed toward compliance of s.11 KOFA. Sale agreements in Karnataka appear to be worded as for a lease deed rather than a freehold of land.  The status of land ie freehold or leasehold is required to be specified under our laws and is envisaged to be part of DOD under KAOA.  This requirement has got hijacked in the dubious UDS concept that has been pushed by builders and lawyers purporting to be equivalent to the conveyance of title/ownership.

The amdt to s11 in MOFA makes interesting reading. 

s.11MOFA  63

11(2) It shall be the duty of the promoter to file with the Competent Authority, within the prescribed period , a copy of the conveyance executed by him under sub-section (1 ) .

11(3) If the promoter fails to execute the conveyance in favour of the Cooperative society formed under section 10 or , as the case may be , the Company or the association of apartment owners , as provided by sub-section (1), within the prescribed period , the members of such Co-operative society or, as the case may be, the Company or the association of apartment owners may, make an application, in writing, to the concerned Competent Authority accompanied by the true copies of the registered agreements for sale, executed with the promoter by each individual member of the society or the Company or the association, who have purchased the flats and all other relevant documents (including the occupation certificate , if any) , for issuing a certificate that such society, or as the case may be, Company or association, is entitled to have an unilateral deemed conveyance , executed in their favour and to have it registered.

11(4 ) The Competent Authority , on receiving such application, within reasonable time and in any case not later than six months , after making such enquiry as deemed necessary and after verifying the authenticity of the documents submitted and after giving the promoter a reasonable opportunity of being heard , on being satisfied that it is a fit case for issuing such certificate, shall issue a certificate to the Sub - Registrar or any other appropriate Registration Officer under the Registration Act, 1908 , certifying that it is a fit case for enforcing unilateral execution, of conveyance deed conveying the right , title and interest of the promoter in the land and building in favour of the applicant, as deemed conveyance. appropriate Registration Officer appointed under the Registration Act , the certificate issued by the Competent Authority along with the unilateral instrument of conveyance , the Sub-Registrar or the concerned appropriate registration Officer shall, notwithstanding anything contained  in the Registration Act , 1908, issue summons to the promoter to show cause why , such unilateral instrument should not be registered as ‘deemed conveyance' and after giving the promoter and the applicants a reasonable opportunity of being heard , may on being satisfied that it was fit case for unilateral conveyance, register that instrument as 'deemed conveyance '.

 

Submitted. 

Sudhir Pillai 

Sent from my iPhone

--
You received this message because you are subscribed to the Google Groups "Lancha Mukta Karnataka Nirmana Vedike - RERA, HOMEBUYERS & AFFECTING ACTS" group.
To unsubscribe from this group and stop receiving emails from it, send an email to lmknv-rera-homebuyers-and-...@googlegroups.com.
To view this discussion on the web, visit https://groups.google.com/d/msgid/lmknv-rera-homebuyers-and-affecting-acts/2d97c02f-c038-4bd9-870d-c3129a5c4cca%40googlegroups.com.

<RERA-Important Note 21-8-2019.docx>

[M S Shankar]

I would request feed back and suggestion on Transfer of common areas to Association of Alotees under RERA Section 17, as Karnataka RERA is working on this topic to find suitable modalities.

 

There was a meeting convened yesterday, 28^th August 2019  by KRERA authorities where in various Builder community were present and KRERA authorities requested suitable suggestions and feedback on the subject.

 

The Section 17  of RERA Act is re-produced here:

 

Section 17. (1) The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of the allottees or the competent authority, as the case may be, and hand over the physical possession of the plot, apartment of building, as the case may be, to the allottees and the common areas to the association of the allottees or the competent authority, as the case may be, in a real estate project, and the other title documents pertaining thereto within specified period as per sanctioned plans as provided under the local laws:

 

Provided that, in the absence of any local law, conveyance deed in favour of the allottee or the association of the allottees or the competent authority, as the case may be, under this section shall be carried out by the promoter within three months from date of issue of occupancy certificate.

 

 

Please reach your feed back and suggestion ASAP and not later than 3^rd September 2019, to enable us to consolidate and submit the same of KRERA  Authorities.

 

 

M S Shankar

Mobile : +919844010530

Email: msshan...@gmail.com

 

 

 

 

 

[subroto chakraborty]

Dear Mr Shankar,

We need to implement deemed conveyance in the event the builder fails to convey after 3 months. 

We had presented the issues to igsr and chief secretary with a recommendation from the dep cm. 

Need to push it with the new govt and respective depts. 

Subroto

--

You received this message because you are subscribed to the Google Groups "Lancha Mukta Karnataka Nirmana Vedike - RERA, HOMEBUYERS & AFFECTING ACTS" group.
To unsubscribe from this group and stop receiving emails from it, send an email to lmknv-rera-homebuyers-and-...@googlegroups.com.

To view this discussion on the web, visit https://groups.google.com/d/msgid/lmknv-rera-homebuyers-and-affecting-acts/5d676ee1.1c69fb81.4ff7b.7cdf%40mx.google.com.

[M S Shankar]

Dear Subroto,

 

Will it be convenient to share the presentation that have been had with IGSR & Chief Secretary.

This would help us to be in same page during our meeting.

--
The receipants are requested take appropriate decisions based on the email which are being initiated by the members of FPCE- Karnataka. The Manager and or Owner and Members who post such materials and guidance are not responsible for any such act that may have prompt the receipants to take or to be taken.
---
You received this message because you are subscribed to the Google Groups "Forum for peoples collective efforts - Karnataka Chapter" group.
To unsubscribe from this group and stop receiving emails from it, send an email to fpce-karnatak...@googlegroups.com.
To view this discussion on the web, visit https://groups.google.com/d/msgid/fpce-karnataka/CALWOC3rJRYXoKLfrGvxXs6ebt-NUOSWZHpv7mswMLr8p914S5g%40mail.gmail.com.