Bengaluru Home Buyers want Relief from the Deemed Conveyance

Bangalore, the Silicon Valley of India and Tech city of India is now famous for its growing real estate market. It is one of the fastest growing cities in India which is getting wealthier day-by-day with the touch of Multinational companies. Millions of people from different parts of India come to this city to work and eventually they start living here and investing in buying properties or flats. But recently, a group of home buyers have experienced an unclear and doubtful registration process of the property.

According to them no particular authority is there and in absence of this, the sub-registrars are continuing all the official works of registering resident welfare associations and their by-laws. A group of 300 home buyers have already met Bengaluru Deputy Chief Minister, D K Shivakumar and requested to Bengaluru government regarding deemed conveyance for their projects which are delayed.

They presented a memorandum saying, Bengaluru government doesn’t have any rules and clauses regarding conveyance unlike the Maharashtra government, so the whole scene of conveyance work depends over the promoters themselves and in absence of strict rules they misuse this opportunity to cheat their customers or owners of the flats.

Deemed conveyance becomes important when the landowner/builder or the legal heirs of the land parcel or house refuse to handover the title and rights to co-operative societies. According to the President of the Karnataka Home buyers Forum, Dhananjaya Padmanabachar, The Karnataka Apartment Ownership Act 1972 (KAOA), is the Registrar of Co-Operative Societies. He said, “However, when they approach them for grievance redressal, they decline to address home buyers' concerns saying that they don’t have jurisdiction to address the complaints.”

The home buyers demanded the state government to pass an order to declare the competent authority to register apartment owners’ associations under KAOA so that it validates the RERA Act, section 17, by this the common areas can be transferred to the association of allotees. The government also stated that if the builder doesn’t wish to join or he is anyway untraceable in the conveyance process, the home buyer can apply to the government registrar for the process. The home buyer’s association also added that, the government officials seem to be blind and deaf regarding their repeated applications and complaints. They didn’t assure anything and they also haven’t done anything so far for them.

Recently Odisha Government has started a new regulation regarding the land ownership called Ownership and Management Ordinance 2023, which implemented RERA compliant policy. The policy stated that, the homebuyers will get the ownership, and it also allowed the formation of a society of the homeowners or flats before registering for conveyance. The home buyers requested the Deputy Chief Minister of the state, D K Shivakumar to ensure the ownership of the homebuyers and urged him give needful orders to Housing Department, the Cooperation Department, the Urban Development Department and the Revenue Department, in order to  collectively work according to Karnataka RERA to implement RERA Act, 2016 at the earliest.