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By the Property Law Team | Legal Brigade | Bar Council of Karnataka Legal Brigade's 805-page guide adds four new dimensions in the 801-805 batch -- the incomplete common area amenities at handover as a surviving RERA Section 14 obligation that the developer cannot cure by merely constructing shells without finishing the specified amenities, the…
By the Property Law Team | Legal Brigade | Bar Council of Karnataka
Legal Brigade's 805-page guide adds four new dimensions in the 801-805 batch -- the incomplete common area amenities at handover as a surviving RERA Section 14 obligation that the developer cannot cure by merely constructing shells without finishing the specified amenities, the seller's refusal to appear at the sub-registrar as a compellable act through the specific performance decree and court officer signature mechanism, the flat type change from 2BHK to 3BHK without consent as a RERA Section 14 and 13 combined violation with the allottee's three-option election strategy and the trust as a property transaction party requiring trust deed review and court or government permission for sale.
Page | Dimension | New Contribution |
|---|---|---|
801 | Incomplete Common Area Amenities at Handover | First dedicated incomplete amenity at handover page (distinct from Page 718's amenity not built and Page 743's corpus fund). The concrete shell vs functional amenity distinction, Section 14(3) five-year defect liability applying to incomplete amenities from day one of possession, the snagging list under protest as the critical handover document, the sinking fund advance completion strategy with RERA recovery and the K-RERA order directing completion vs corpus fund award as two alternative reliefs |
802 | Seller Refuses Registration -- Specific Performance Suit | First dedicated seller registration refusal page. Specific Relief Act Section 10's as-of-right (not discretionary) nature of the specific performance remedy for immovable property, the court officer's power to execute the deed on behalf of a recalcitrant seller, the sub-registrar's obligation to register on presentation of a court decree, the readiness-and-willingness requirement for the buyer's specific performance eligibility and the bank transfer records as corroboration against a forgery allegation |
803 | Flat Type Changed from 2BHK to 3BHK Without Consent | First dedicated flat type change page. The three-option election strategy (accept at original price, reject and demand original flat, exit and refund), Section 14(1)'s consent requirement for beneficial changes as much as adverse ones, the Vastu and layout preference argument for rejecting a beneficial size increase, the excess instalment refund for allottees who already paid at the revised price and the K-RERA escrow deposit of the disputed price revision pending the complaint's resolution |
804 | Trust as Property Transaction Party -- Trustee Authority and Tax | First dedicated trust property page. The three-tier trust taxonomy (private family, public charitable, Karnataka Muzrai endowment) with escalating authority requirements, the Indian Trusts Act Section 34 court authorization for acts beyond the trust deed, the Saunders v Vautier adult-beneficiary collapse principle, the trustee-to-trustee self-dealing prohibition under Section 88 and the Section 12A/12AB income tax exemption eligibility for charitable trusts |
Q1. What four new dimensions does the 801-805 batch add?
Incomplete common area amenities at handover with snagging list under protest and sinking fund advance completion strategy (Page 801), seller registration refusal with Specific Relief Act Section 10 as-of-right remedy and court officer deed execution (Page 802), flat type change 2BHK to 3BHK without consent with three-option election strategy (Page 803) and trust as property transaction party with trust deed authority review and Muzrai government permission (Page 804). Page 805 is the milestone.
Q2. How does the seller registration refusal page complement the double sale fraud page?
Page 796 (double sale fraud) and Page 802 (seller registration refusal) both address scenarios where the seller has taken money but fails to complete the registration. The difference is intent and timing: Page 796 covers a seller who deliberately sold to a second buyer at a higher price; Page 802 covers a seller who refuses registration without selling elsewhere. The lis pendens and specific performance remedies overlap between the pages -- but Page 802 adds the court officer execution mechanism (which Page 796 does not need since the registered second deed already exists).
Q3. How does the trust page extend the party-type coverage?
The guide covers every type of property transaction party: individuals (throughout), NRIs (682, 722, 787), OCIs (529), minors through guardians (713, 759), HUFs through the Karta (789), cooperative societies through members (668, 782), companies through directors (784), companies in winding up through liquidators (784), court-appointed receivers (712), NCLT resolution professionals (647) and now trusts through trustees (804). The trust page completes the party-type coverage with the three-tier trust taxonomy and the court and government permission framework.
805 pages. 8,050 answers. Incomplete amenities. Registration refusals. Flat type changes. Trust properties. All covered.
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Frequently Asked Questions
What can a buyer do if a developer hands over incomplete amenities? ▾
Under RERA Section 14(3), the developer's five-year defect liability applies to incomplete amenities. Buyers should document defects via a snagging list under protest and can seek a K-RERA order for completion or a corpus fund award.
What is the remedy if a seller refuses to appear at the sub-registrar office? ▾
A buyer can file a specific performance suit under Section 10 of the Specific Relief Act. If the decree is granted, a court-appointed officer has the power to sign the sale deed on behalf of the recalcitrant seller.
Can a developer change a flat type from 2BHK to 3BHK without consent? ▾
No, changing flat types without consent violates RERA Sections 13 and 14. Allottees have a three-option strategy: accept at the original price, demand the original layout, or exit the project with a full refund.
What are the legal requirements for buying property from a trust? ▾
The transaction requires a thorough review of the trust deed to verify trustee authority. Depending on the trust type, such as public charitable or Muzrai endowments, specific court authorization or government permission may be mandatory.
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