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Balakrishna Shenoy   11 May 2025

Need to register the owner/occupants association if any

One Apartment having OC in the year 2013  in Karnataka  having 24 units is owned by only  8 persons and thus had got an association formed together with the occupants . But have not registered the same.  Whether there is compulsion  under law to register the association . If  there is , under what Act  and provisions. 



 4 Replies

Dr. J C Vashista (Advocate )     11 May 2025

Get the Deed of declartion drafted in terms of Section 11 & 12 and registered under section 13 of the Karnataka Apartment Ownership Act, 1972, which reads as:

13. Declarations, deeds of apartments and copies of floor plans to be
registered.-

(1) The Declaration and all amendments thereto and the Deed of Apartment in respect of each apartment and the floor plans of the buildings referred to in subsection (2) shall be registered under the Registration Act, 1908.

(2) Simultaneously with the registration of the Declaration there shall be filed along with it a set of the floor plans of the building showing the layout, location, apartment numbers and dimensions of the apartments, stating the name of the building or that it has no name, and bearing the verified statement of an architect certifying that it is an accurate copy of portions of the plans of the buildings as filed with and approved by the local authority within whose jurisdiction the building is located.

If such plans do not include a verified statement by such architect that such plans fully and accurately depict the layout location, apartment number and dimensions of the apartments as built, there shall be recorded prior to the first conveyance of any apartment, an amendment to the Declaration to which shall be attached a verified statement of an architect certifying that the plans theretofore filed, or being filed simultaneously with such amendment, fully and accurately depict the layout, location, apartment number and dimensions of the apartment as built.

(3) In all registration offices a book called “ Register of Declarations and Deeds of Apartments under the Karnataka Apartment Ownership Act, 1972” and Index relating thereto shall be kept. The book and the Index shall be kept in such form and shall contain such particulars as may be prescribed.

(4) It shall be the duty of every Manager or Board of Managers to send to the Sub-Registrar of the sub-district in which the property containing the apartment is situate, or if there is no Sub-Registrar for the area, to the Registrar of the district in which such property is situate, a certified copy of the Declaration and Deed of Apartment made in respect of every apartment contained in the building forming part of the property together with a memorandum containing such particulars as may be prescribed.

(5) The Sub-Registrar, or as the case may be, the Registrar shall register the
Declaration along with floor plans of the building and the Deed of Apartment in the “Register of Declaration and Deeds of Apartments under the Karnataka Apartment Ownership Act, 1972” and shall also enter particulars in the Index kept under subsection (3). Any person acquiring any apartment or any apartment owner shall be deemed to have notice of the Declaration and of the Deed of Apartment as from the date of its registration under this section.

(6) Except as provided in this section, the provisions of the Registration Act, 1908, shall mutatis mutandis apply to the registration of such Declarations and Deeds of Apartments, and the words and expression used in the section but not defined in this Act shall have the meaning assigned to them in the Registration Act, 1908.  

T. Kalaiselvan, Advocate (Advocate)     11 May 2025

The benefits of getting your association registered is that it will get legal recognition as a legal entity thereby it can sue and be used.

An unregistered body cannot enforce law.

R.K Nanda (Advocate)     11 May 2025

Better get association registered. 

P. Venu (Advocate)     11 May 2025

The association may as well be constituted as a cooperative society or a company. Such registration enables cohesive functioning.


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