News Flash
05 November
Reported: Vishal Mayur
Sub-Registrar’s Rejection Overturned, Registration to Proceed in 30 Days
Bengaluru: The Karnataka High Court has issued an order for the registration of Sai Flora Residency’s apartment association under the Karnataka Apartment Ownership Act, 1972, bringing clarity to the legal framework regarding association registrations under the Act. A single-judge bench, led by Justice Hemant Chandan Gowder, allowed the petition filed by residents Annapragad Muralikrishna and H.K. Yogeesh, challenging the Sub-Registrar’s decision to deny registration.
The dispute began when the apartment owners submitted a deed of declaration in Form-A and the associated declaration in Form-B, accompanied by bylaws, through the online Kaveri Online Services portal. Despite fulfilling these procedural requirements, the Sub-Registrar rejected the application, citing the lack of a true copy of the bylaws attached to the deed. This led the petitioners to approach the High Court, seeking a directive for the Sub-Registrar to proceed with registration.
In its judgment, the High Court referenced a prior ruling by a coordinate bench in a similar case (CRP No.96/2021 c/w CRP No.64/2021, dated September 8, 2021). The prior ruling had clarified that the Sub-Registrar is indeed authorized to register deeds of declaration and bylaws under the Karnataka Apartment Ownership Act, with no requirement for registration under the Registrar of Cooperative Societies.
Concluding that the Sub-Registrar's rejection of the application was arbitrary, the High Court quashed the endorsement issued on February 14, 2024, by respondent No.4 (the Sub-Registrar). The court held that this endorsement was discriminatory and not in alignment with the legal provisions of the 1972 Act. Consequently, the court directed respondents No.3 and No.4 to proceed with the registration of the association’s deed of declaration and bylaws, as per the Karnataka Apartment Ownership Act, 1972.
In addition, the High Court mandated that the registration process be completed within 30 days of receiving a certified copy of the court order. This decision effectively resolves the confusion over the appropriate registration authority for apartment associations, setting a precedent for similar cases.
The case highlights the efforts by Sai Flora Residency’s residents to establish a formal association and operate within the legal framework of the 1972 Act. The residents initially submitted their application to form an association through the Kaveri Online Services portal but were met with the Sub-Registrar’s refusal, who suggested registration through the Registrar of Cooperative Societies. This led the petitioners to challenge the Sub-Registrar’s stance in court.
Following the court’s order, the residents of Sai Flora Residency will proceed with the registration of their association under the Karnataka Apartment Ownership Act, 1972, allowing them to formalize their association structure as per the legal guidelines in place.