Government of Karnataka

(Department of Cooperation)

Office of the Registrars of Co-operative Societies, No.1, Ali Askar Road,

Bangalore-52.
No: OTS-2/85/KAOA/2021-22 Date: 06/03/2023

To,
Shri Pradeep Joshi,
Rear Admiral (Retd.)
Director General,
Air Force Naval Housing Board,
Air Force Station, Race Course, New Delhi-110003.

Respected Sir,

Subject: Karnataka Apartment Ownership Act 1972 Order Sub-Registrar

Deed of Deed Clarification and by-laws to be registered in the office on
legal recognition Regarding seeking clarification.

Reference:
1. Shri Pradeep Joshi, Rare Admiral (Retd.) Director General Letter No:
AFNHB/ADM/611 Dated: 09-09-2021.
2. President Jal Vayu Vihar Apartment Owners ‘Association, Bangalore's
letter undated letter received Dated: 04-10-2021.
3. This office letter Dated:13/10/2021.
4. Government Letter No:CO83CSR2021, Dated:21/03/2022
5. This office letter dated:28/04/2022
6. Government letter No. CO75CSR 2022, Dated: 22/09/2022
7. Mr. S.P. Shrivastav's letter Dated: 22/09/2022
8. Government Letter No: CO83CSR2021, Dated: 27/10/2022
9. This office No. letter dated:13/12/2022
10. Government Letter No: CO83CSR2021, Dated: 27/01/2023

Regarding the matter, the Karnataka Apartment Ownership Act, 1972 order
Deed of Declaration to be registered in the office of the Sub-Registrar and by-
laws are registered under the Indian Registration Act, 1908. Therefore, Deed
of declaration to be registered in the office of the Sub-Registrar and as to
whether by-law associations have legal recognition to clarify and if they have
no legal validity, about the replacement system process for common area
management in apartments references (1) and (2) are requested in the letters
to inform. Urban development is about this Proposal to Government in
reference (3) to obtain clarification from the department was submitted. Govt
in reference (4) to the opinion given by Urban Development Department sent,
when it was checked the said department of the law department about this,
they have informed to get opinion. So, about this from the legal department
proposal to Government in reference (5) seeking clarification was submitted.
The Government has issued a clarification of the Law department in reference
(8), the Law department has given the following opinion. (In Appendix-01
attached).

"The Karnataka Societies Registration Act 1960, 3 on the Sections 3 (d), 6

(6),7,16 and 24 of the Karnataka Apartment Ownership Act 1972 was checked.
Association formation, functioning and liabilities only. The Karnataka
Societies Registration Act 1960 or Karnataka any association under the
Apartment Ownership Act 1972. There is no mention of registration so please
register. It is the opinion of the Law Department that there is no provision
under the Acts and objections filed in Hon'ble Karnataka High Court Writ
Petition No:511/2021. The opinion of the head of the valid legal cell may be
sought in case of confusion. The file of the administration department has
been returned stating that.

Also, the Law cell of the Co-operation department is of the following opinion
expressed.

But when the proposal presented by the administration department is

examined, the present administration Government Advocate for the
Department, Writ Petition pending before the Hon'ble High Court No:
511/2021 clarification is required regarding the objections filed. But Hon to
provide any clarification of the law regarding the case pending in the High
Court does not come apart from that, valid courts have also provided for the
scope of law cell opinion on whether the decisions are appealable or not to
give a general opinion (General Opinion) instead of what can be given does
not come and the authority to give General Opinion is law the file has been
returned to the administration department stating that it falls under the
purview of the department. In this background dated:03/08/2022 Law
Department the Karnataka Societies Registration Act 1960 Karnataka
Apartment Ownership Act about registration of association now here under
the 1972 Acts No reference. Therefore, registration is not allowed under the
said Acts.
The opinion given is valid. But common in apartments as regards
maintenance of area and common services Societies/Associations are not
required to be registered. So, before the Act came into force and after the Act
came into force to maintain the common area facility in the apartment
clarification from the Law Department that the association should be
registered under the Act a proposal has been submitted to the Government in
reference (9) seeking to receive and give. Govt In reference (10) the opinion of
the Law Department was sent and the Law Department. He has given the
following opinion.

Karnataka Ow flats (Regulation of the promotion of construction, sale,

management and transfer) Act, 1972 Section -10 Co-operative society or
company for management of the area It is mentioned to be registered.
Accordingly, Hon'ble Karnataka High Court in Writ Appeal No:974/2019
(GM-KS), 1206-1211/2019 (GM-KSR) Dated:06-11- in paragraph 11 of the
judgment given on 2019 Karnataka Ownership flats (Regulation of the
promotion of construction, sale, management and transfer) Act, 1972. There is
no obligation to form and register an association. Because it was ordered
before the RERA Act came into force and the RERA Act came into force. Then
on to maintain the common area facility in the apartments as mentioned in
paragraph 11 of the said Hon'ble Karnataka High Court judgment Karnataka
Ownership Flats (Regulation of the promotion of construction, sale,
management and transfer) Act, 1972 is actionable under section 10 and valid
final judgment on the writ petition No:511/2021 pending in Karnataka Court.
The writ petition is actionable as aforesaid and Writ Petition No. 511/2021
After the final judgment, action can be taken against the said judgment It will
be the opinion of the Legal Department. (Attached in Annexure-02).

In this background, the Government has issued reference (8) and (10) with the
letter Attached to this letter are copies of the opinion of the Law Department,
Law. The fact that the department can act on the opinion given as above
Submitted to their ignorance.

Yours Faithfully,

(K.S. Naveen),
Deputy Registrar of Co-operative Societies
(Residential & Other)