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Author Topic: Apartment Builder not signing for Khata Transfer  (Read 880 times)

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Offline Manjunath

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Apartment Builder not signing for Khata Transfer
« on: December 17, 2015, 10:47:45 PM »
I recently (1 year back) purchased a flat in an apartment (with 12 houses) in Bangalore and all of us are staying here since 1 year. I seek clarification on the following:

1. The Builder is not providing OC as he says there is deviation and the penalty is heavy and we need to bare the fine if we need OC. We recently (in May 2015) paid the property tax for IT purpose. What can we do?

2. The Builder has promised us the parking space as per our convenience and availability before we finalized buying the flat. Can he now say that he can override his commitment and change the parking area as per 1 owners convenience, as he has got a small parking space? No specific area is mentioned in the sale agreement though. Can the builder intervene now as he has sold all 12 flats in the apartment.

3. The Builder has permitted the ground floor flat owner to put 'metal grill' around the common area there by denying access to the other owners to this common area and this also does not leave the set back space which is mandatory as per building norms. Builder is now denying to inform the Ground floor owners to remove the same. What can be done to remove this Grill?

4. The Builder is denying to sing for the Khata transfer and saying until the parking problem is resolved he will not sign. Can the Builder deny signing for Khata transfer?

5. Does the Builder hold any rights to intervene in the apartment matters as he has already sold the flats to individuals and we have formed an association (not registered) to force the building maintenance.

Please advise / clarify.


Offline adv.amarnath

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Re: Apartment Builder not signing for Khata Transfer
« Reply #1 on: December 21, 2015, 08:25:16 AM »
It is not clear to me that whether you have registered the flat in your name or not. If yes then what is the area of flat has been registered and out of same how much is deviation. If you have registered deviated portion then as on that date, deviated portion of your flat is illegal. Even you pay fine after registration.

Others problem/dispute you have mentioned in respect of common areas that is separate issue which majority of flat owners have to take legal steps jointly.

Two separate issues, you have to file two separate cases one is individually and another is jointly.

For more clarifications and consultation in details you can contact me

Amarnath Sanyal
Email -
Mob - 09830303322


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