About flat owners' registration rights

Q: Hey, I am Rajesh and I want to know more about the new intervention by the court about the flat owners' registration rights. there was a news recently about this. Can anyone explain it here?

Rajneesh Nambeesan, Kochi

18th February 2015

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Replies (10)

In the new ruling, you know, the court ordered the government to provide register to all the sub-registrars for the registration as per the Act within three months. Moreover, the court has directed the inspector general of registration to order sub registrars to allow registration as per the act and record it in the book One that is kept according to the Registration Act until the government provides registers.

Rajagopal Menon, Kochi

28th February 2015

Comment

Hey, but that is not the exact same thing as following the rules, is it? Every association has the right to register the association in accordance with the Act. The rights of the apartment owners forming association and carry out the objectives in term of the Act cannot be defeated for the reason that the government has failed to provide any register.

Sreekutty Nair, Kochi

26th February 2015

Comment

But, I dont think, all these registers are being maintained right now? I have not heard of it anyway, till now. No such registers has been provided to the registrar and that government hasn't provided any guidelines on it.

Kunal Pillai, Kochi

26th February 2015

Comment

David, for your information, there is also a provision, in which the high court highlights that in all registration offices, there should be maintaining a book called the Registration of Declarations and deeds of Apartments. This will be maintained along with the index also.

Suneel Chakyar, Kochi

25th February 2015

Comment

I guess, this common facility and purpose you gave above also includes some of the features like voting, restriction of use, votes that are required to rebuild, votes for repair works, as well as restoration purpose.. also to sell property and any other aspect regarding to the ownership of the apartment.

Vikesh Vaidyar, Kochi

23rd February 2015

Comment

One more thing I would like to add to this point.. the act of 1983 actually facilitates the registration of a declaration of the apartment, which describes the common areas and facilities, value of the property and each apartment, percentage of rights of each apartment owner on the common facilities and purposes and so on.

Vivek Varrier, Kochi

22nd February 2015

Comment

You know what the problem is? Now it has become a practise that the individuals now register apartments under the Registration Act. You know, this often leads to a crisis situation where the exact rights of an individual apartment owner are not clearly specified. the High Court ruling came for solving this problem, i think.

Allen George, Kochi

21st February 2015

Comment

For those who want to know about the Act, I can provide you some info: The Kerala Apartment Ownership act, 1983 provides for ownership of Individual apartment in a building and make such apartment heritable and transferrable property.

Deepak Shetty, Kochi

20th February 2015

Comment

Hi Rajneesh, yes. The Kochi High Court has issued a directive that has brought about the registration rights of the flat owners. In simple terms, the court said that the owners have the right to register their apartments individually..

Maria Nair, Kochi

18th February 2015

Comment

hey,,Maria..how r u? I was thinking about the sale ability of the apartments then..Can you give your opinion about this?

Rajneesh Nambeesan, Kochi

18th February 2015

Yeah..Rajneesh. I think, that the this directive by the HC will surely enhance the sale ability of the apartments tremendously. The directive is based on the Kerala Apartment Ownership Act of 1983. This also is a setting up of basic framework of rules regarding rights of apartment owners on common facilities and maintenance.

Maria Nair, Kochi

18th February 2015

Comment