Guide to Buying a Property in Bangalore from a Legal Perspective

This a guest post from Mr. Satish of dbs Legal Solutions in Bangalore.

“BE DELIGENT BEFORE BECOMING A LITIGANT”

Once you decide to buy your dream house or any commercial property, there are many documents you need to look into thoroughly before closing the deal. If you ignore this, you may be in for an enduring trouble.

People in the real estate business narrate many such stories from their vast experience. However, they also add that after the technological improvements brought about by successive governments in the registration process (the encumbrance certificate will have the photographs and thumb impressions of the sellers and the buyers each time the property changes hands), such experiences are on the ebb. Yet, some gullible persons could fall prey to the machinations of others, they point out.

If you are the kind of person who hates to encounter unsavoury incidents and loves to lead a peaceful life, the advice from experts is to verify or scrutinise documents in the initial stages itself.

It is always advisable that property buyers must insist on seeing the original documents of the house before making the advance payment. It is prudent on your part to make a huge advance payment only when you are satisfied with the authenticity of the documents. Once you make a hefty payment while signing the sale agreement and later encounter problems, you and your family may feel insecure till you get back the amount.

Eventually, he will return your money. Suppose, if he returns that money in instalments, then your plans of buying another property will go awry. Hence, ensure that all the documents are in order.

One of my client narrates the experience of his friend who had made a hefty advance payment while signing the sale agreement. He says his friend, who had full trust in his real estate agent, paid Rs.5 lakh as advance amount to a person who claimed to be the rightful owner of a property.

“The person came in a swanky car along with the agent and said that he is the owner of the property. My clients friend believed them and made the payment. After a few days, when my  clients friend insisted on registering the property, both started acting smart. First, the agent said the person is not in station. Later, on one pretext or the other, both kept on postponing the process. Finally, my clients  friend had to lodge a police complaint. The police had to trace the two persons and then recover the amount,” he explains. His advice: always approach the rightful owner of the property.

One of my client, a real estate agent, has an interesting story. A person who had two wives built two houses in different localities. Before his death, he had taken care to register the houses in their names separately. However, the documents of both the houses remained with the first wife. After his death, the second wife’s children tried to sell the house but in vain.

They obtained a copy of the document by claiming that the original was lost. Even then, when they attempted to dispose of the property, they could not do so as the first wife’s children always came in the way. The contention of the second wife’s children was that they had a share in the property. “Many buyers rejected the offer as they perceived it to be an insecure investment,” he says. He says that he takes extra care while dealing with an inherited property. He ensures that all the members of the family are present while signing the agreement and at the time of registration.

Unexpected trouble
“A lot can happen between the time of signing the sale agreement and actual registration,” . Some peeved family members may not turn up at the time of registration or create a scene for a higher share, says that in his eagerness to help an aged person, he lost a few thousand rupees. “The person had bought the property in 1967. He wanted to sell the property and told me to look for a buyer.

He said that due to some personal problems he had not paid the property tax for a couple of years. He told me to pay the tax so that I can take it back once the property is sold. On the day of registration, another person showed up claiming that the property belongs to him too. The deal fell through. Later, the old man returned the customer’s money but I could not recover my money,” he said that in one deal, he had to obtain the signature of 17 persons. “Among them four were in the U.S.,” he chuckles.

All of them say that if anyone has an iota of doubt on the documents they are dealing with, they should release an advertisement in a newspaper.

It should be stated in it that they are interested in buying a particular property and if any other person had a claim on the property he/she should bring it to the notice of the advertiser.

  • Verify/scrutinise documents in the initial stages itself
  • Pay advance only after seeing the original documents.
  • Have them scrutinised by an advocate.
  • Always ensure that you are dealing with the right owner.
  • Have all the members of family of the owner present during registration.
  • Have a peace of mind to enjoy your property.

The improving infrastructure, the leading IT hub and the commercial advancements in Bangalore have made it witness a real boost in the real estate sector. The strategic location and the developing road map have seen a clear rise in the demand of purchase, selling and reselling of properties time and again. This adds to the complexity of the matter as you have to doubly ensure that you are not investing your lifetime savings into a fraudulent property. To prevent yourself from getting duped you can always take the help of a professionally qualified solicitor to get all your legal paperwork verified. For this reason, if you are planning to buy a property in Bangalore then refer to the below mentioned checklist, which should definitely come handy so that you can acquire a clear title. The paperwork required for authentication of the title varies from property to property and the region it falls in. The checklist needs to be verified before purchasing any property. Do not forget that the original documents of title like sale deed, partition deed, gift deed and will etc., are to be verified on a mandatory basis.

Purchasing a Flat/an Apartment in Bangalore

As the real estate market in Bangalore has become all the more dynamic due to the purchase, sale and resale of flats/apartments, it becomes all the more crucial for the buyer to handle the entire procedure very carefully. If you aspire to own a flat or an apartment in Bangalore and wondering where to start from then have a look at the following checklist and the information you must possess from the developer/promoter before you seal the purchase.

I. Purchasing a Residential Flat/Apartments:

  • Mother deed/ Sale deed: This is the most important document for tracing the ownership of the land. It gives details of the property as to how it was acquired at the initial stage and the subsequent series of transactions it has undergone. You should also check for the original sale agreement showing the builder/developer duly registered.
  • Khata certificate & up-to-date tax paid receipts: In case of a joint venture, the Khata should be in the landowner’s name. If you purchase the property directly from the developer the Khata should be in the name of the developer/promoter.
  • Joint Development Agreement: The agreement should be examined thoroughly if it’s a joint development. You must clearly understand the ratio at which the build-up area is divided between the promoter and the landowner.
  • Encumbrance Certificate: A latest Encumbrance certificate having the details of last 30 years should be checked. It can be obtained from the sub registrar.
  • Approved Plan: Check for a copy of the approved building plan by the respective government authority and also for the portion of the apartment being purchased.
  • Sanction Plan: Verify whether the building plan of the apartment is sanctioned and also check the validity of the sanction plan. You must also check the commencement certificate and take a confirmation from the Municipal authorities if the building adheres to the norms of the laws.
  • NOCs: You should obtain NOCs under the provisions of Income-Tax Act and Urban Land Ceiling and Regulation Act if required.
  • Occupancy certificate: This is issued to the developer by the apartment corporation/BDA/CMC. A buyer should insist for this.

Besides the above steps to be followed you should also ensure that the developer has obtained approvals from the Municipal Corporation, Electricity Boards, Area Development Authorities and Water Supply and Sewage Boards. It is advisable for the apartment owners to file a joint declaration under Karnataka Apartment Ownership Act, 1972, get duly registered and attain the rights and legal safeguards.

II. Purchasing a Commercial Flat:
Purchasing a flat in Bangalore for commercial purpose also includes more or less the same steps as in the case of a residential flat like deeds for absolute sale and conveyance. These offer a record for absolute and exclusive property rights of the commercial flat, confirms the usage rights, amenities and infrastructure.

Karnataka Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1962 governs all the matters related to both residential and commercial flats.

Purchase of agricultural land in Bangalore

If you intend to purchase any agricultural land in Bangalore for non agricultural purpose then you must have the approval as per the provisions and rules under Karnataka Land Reforms Act (1961) and the Karnataka Land Revenue Act of 1964. The regulating authority for approving any layouts on the outskirts on Bangalore rests with the Bangalore Metropolitan Regional development Authority or BMRDA.

Before investing in any agricultural land you must adhere to the checklist which follows:

  • Mother deed/ Sale deed: This is the most important document for tracing the ownership of the land. It gives details of the property as to how it was acquired at the initial stage and the subsequent series of transactions it has undergone.
  • Search Report: It provides details of the original property holder, property history, charges on the property, current property status (all dues paid or still pending) and the number of times the property has changed hands before being owned by the present seller. Your advocate will fetch you all these details and confirm whether it is a legitimate property for sale or not.
  • Agreement: Once the property is decided, make an advance payment and get a written agreement on a stamp paper duly signed by both the owner and the buyer in the presence of two witnesses. An agreement must state: the advance paid, actual price, duration of actual sale, and legal actions to be taken in case of a default from either party.
  • Stamp Duty: This should be paid in full and on a timely basis. To get an agreement stamped it should be without any signature or date and the agreement can be implemented only when the Stamp Office fixes stamps on it.
  • Registration: Get the deed registration done in a sub registrar office within the timeframe mentioned in the agreement. For registering a property you need: house tax/property receipts, original title deed, and previous deeds etc., two witnesses are also required at the time of registration.

Apart from the above measures to be followed you should also get hold of an Akarbandi, an Encumberance certificate, Saguvali chit, Conversion order, Payment Challan, Up-to-date Tax-paid receipts, Land Acquisition Status, Mutation Extracts, NIL Tenancy Certificate/ Form No. 7 Endorsement, Podi Extracts, RTC (Record of Rights)/ Phani, Section 79A & B endorsement U/KLR Act, 1961, Patta Book, and Tippani. You should also have the family tree of the vendor, the comprehensive development plan or CDP and a Zonal recognition map to aid you. Another important thing to be remembered is that the property should not be located in the Green Belt Area.

Purchasing Revenue Land in Bangalore

Purchase of Converted Revenue Lands requires the following documents- Conversion Order from the Deputy Commissioner, receipt for the paid conversion amount, RTCs for last 30 years issued by the village accountant, documents of ownership, Mutation Register Extracts, Akarbandi/Tippani/Podi Extracts, Tax paid receipts, boundary map, village map, Nil tenancy certificate, approved layout plan, Khata certificate issued by Revenue authority, Encumbrance certificate, Zonal regulation map, power of attorney (if any) and an evidence from the respective authority that no acquisition proceedings exist.

Purchasing BDA (Bangalore Development Authority) Sites

The various documents necessary for purchasing a BDA property are- allotment letter, receipts of payment for the site, possession certificate, absolute sale deed, khata certificate from BDA, khata certificate (to be obtained from Bangalore Mahanagar Palika if the property falls under the corporation revenue jurisdiction), up-to-date income tax paid receipts, tax paid receipts from Bangalore Mahanagar Palika, Encumbrance certificate (from allotment till possession date) and a re-allotment letter or re-conveyance deed in case the property is re-conveyed by the BDA.

It is highly suggested that acquiring a property through Power of Attorney should be avoided to prevent any litigation in the future. Documentation is the major step in the acquisition of an immovable property of any kind so utmost care should be taken while carrying out all the paperwork. All the agreements should be stamped according to Karnataka Stamp Act, 1957 following all the rules therein.


This article aims at providing information for benefit of ApnaComplex customers and blog readers. The author of this article, Mr. D B Satish is from DBS Legal Solutions and specializes in Property related matters. You can contact at the address below:
Contact dbs Legal Solutions – “We are your Voice in Legal Matters”

#25,2nd Floor, 4th Cross
Sampige Road, Malleshwaram,
Bangalore-560 003

Please visit dbslegalsolutions.com for details of Mr. Satish


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Indian Flag Code – Hoisting The Tricolour In Your Apartment Complex

Come Republic Day or Independence Day, the members of every apartment complex will organize an Indian flag hoisting ceremony – Here’s a brief synopsis of the Indian flag hoisting rules so that you celebrate the day the “right” way!

The Need

It’s important to be aware of the Indian flag hoisting rules purely because the Indian flag is a national symbol and the government has laid down certain instructions for its proper display.

The managing committee in any apartment complex should take up the responsibility of ensuring that all these instructions are fully followed.

Apart from the managing committee, it is also essential for every resident in the apartment complex to be aware of these rules so that no misuse occurs, either deliberately or by accident.

What The Laws State

The Indian Flag Code specifies the dimensions of the flag and how it should be constructed. This is a measure taken to ensure that the flags used everywhere are similar in their design and size.

The Construction

  • The Indian flag should be a perfect rectangle, with a ratio of 3:2 between the length and the width.
  • It should be made of handspun khadi, or of cotton, silk or wool.
  • The flag should be split into three equal panels – a saffron panel at the top, a white panel in the middle and a green panel at the bottom, thus constituting the tricolor.
  • A navy blue Ashoka Chakra should adorn the centre of the white panel, with 24 spokes that are equally spaced.
  • The flag’s size should be one among these: 150×100, 225×150, 450×300, 900×600, 1350×900, 1800×1200, 2700×1800, 3600×2400, and 6300×4200 (in mm).

Hoisting the Indian flag in Your Apartment Complex

Notice the equally spaced spokes in the Chakra.. that’s important!

The Indian flag hoisting rules also cover instances of the flag’s misuse and specify the proper procedure through which the flag should be hoisted.

  • The national flag should not be used to cover any building or vehicle (including aircrafts, road vehicles and boats).
  • During an Indian flag hoisting ceremony, the saffron panel should always be on top. The flag should never be hoisted upside down.
  • The Indian flag should hold no lettering or inscriptions of any kind, and it should never touch the ground or trail in water.
  • The National Flag should not be used for covering any speaker’s desk, platform or monument.
  • There should be no emblem or flag to the national flag’s right, or above the national flag.
  • In a procession where there are other flags involved, the Indian flag should either be carried on the marching right, or up front, ahead of the central line.
  • The flag should never be flown at half mast, unless the government specifically demands that it should be.
  • There should be no other flags in the same masthead in which the Indian flag is hoisted.
  • Paper flags can be used during days of national importance. However, these paper flags should not be thrown on the ground after their use in public and they should be disposed of in a dignified manner, privately.
  • A damaged flag should never be displayed, and such flags can be privately disposed by burning.
  • The national anthem should be sung once people salute the flag. It’s important to follow the etiquette specified for the national anthem as well.
  • It is common practice in functions to allow the national flag to hold flower petals. Although this is an accepted practice, the Indian flag code prevents the use of any confetti or decorative materials other than flower petals.

The Apartment managing committee can take things a step further by printing out such rules (that many people are bound to be unaware of) and giving all residents a copy, so that they follow the same. It’s a great way to educate the public on the Indian flag and the national pride that it represents.


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.


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Know Your Home Insurance Clauses When Buying An Apartment

During the process of buying an apartment, you’ll encounter many new aspects like applying for home insurance. If you have absolutely no idea on what home insurance is and what it covers, you need not worry – because only when you buy an apartment will you face all these issues!

What is Home Insurance?

Home insurance is a form of property insurance that provides coverage to all types of houses. A house is an asset, and it is one of the biggest assets that a person can hold. Houses are excellent investment options that people normally buy for being financially secure throughout their lives. When it comes to home insurance, there are two parts that need to be covered overall – the entire building, and the contents within the building.

When you apply for home insurance for your apartment, you can opt for either one among these two. You can either just get insurance cover for the building, or you can get all the interiors covered along with the building as well!

Knowing Your Insurance Can Make Things Easier

Knowing Your Insurance Can Make Things Easier

Insuring The Building

Home insurance for buildings will cover compensations for losses faced due to natural catastrophes like storms, tempests, fires, floods, lightning and landslides. The cover for your apartment in Hyderabad will also cover other unforeseen events like strikes, riots, and damages caused to your apartment due to acts of vandalism or terrorism. Any forms of explosion or implosion will also be compensated for, under this type of home insurance. Sometimes water tanks or other apparatus like pipes can burst due to an increase in water pressure, and these instances will also be compensated for. Damages caused due to earthquakes will also be covered when you get adequate home insurance for your apartment in Hyderabad.

Insuring The Contents

You can opt for a home insurance plan that covers both your building and the contents within the building, when you opt for insurance for your apartment in Hyderabad. The insurance will cover all appliances and electrical and electronic goods within the premises. Furniture, jewelry and clothing items will also be covered, although this may vary with each insurance plan depending on the provider. Such items will be compensated for when you get a similar item without compromising on the features. These household contents will be covered based on some restrictions and conditions – the items need to be inside the premises during the instance of damage.

A List of What Home Insurance Policies Cover

Apart from the building itself, and its extended structures like parapets, balconies, railings, and other sections, the contents within the building that are covered are:

  • Electrical appliances and items like tape recorders, air conditioners, refrigerators, DVD players, washing machines, television sets, and computers.
  • Other household articles that can be found in any apartment like clothing, furniture, carpets, fixtures, and linen.
  • Jewels worn by members of the family when they are within the premises of the house. Your jewelry will be covered by the insurance policy even when worn outside and stolen or snatched.

The amount is settled after deducting the depreciation value of the product from its original rate. Home insurance covers also household items, and houses that are used for business practices will not be covered under this type of insurance.


ApnaComplex is a web based apartment management software. It is designed to make the life of residents and owners a lot better by brining in more transaparency and accountability in manging the complex. Sign up your complex today and get the benefits!


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.


Andhra Pradesh Apartment Ownership Act – Know Your Legal Terms

When you purchase an apartment in Andhra Pradesh, regardless of whether you’re buying an apartment in Hyderabad or in Visakhapatnam, you’ll need to know all the terms and legalities involved in the Andhra Pradesh Apartment Ownership Act as this act governs all the laws pertaining to apartments and other living spaces in the state.

It's Always Better To Know Your Legal Terms

It's Always Better To Know Your Legal Terms

What is the Andhra Pradesh Apartment Ownership Act?

The Andhra Pradesh Apartment Ownership Act provides regulations that monitor that promotion and ownership of apartments in the state, and this act has been active since 1987. Knowing all the laws mentioned in the act can be a very hard task, but to make sure that you understand what all the definitions and meanings imply and to prepare yourself for any legal procedures that you might face (even for registering your apartment), you can go through the basic definitions that are provided in this act.

Why do you need to know about the Andhra Pradesh Apartment Ownership Act?

Learning about these contextual definitions can help you stay in the same wavelength when you consult a lawyer. This can also come in handy because you can verify any differences that you may have with your builder regarding the project. Many conflicts arise when builders stray away from the established floor plan and start including new structures in the agreed design.

Some builders may also try and lease out common areas in the apartment complex, like the swimming pool and the parking lot, to other third parties. You can easily take legal action in all these instances, provided you know all about the Andhra Pradesh Apartment Ownership Act first.

Some Basic Definitions Involved:

  • Apartment – Under the Andhra Pradesh Apartment Ownership Act, an apartment is given as a part of property that has one or more rooms separately constructed as a unit in the overall building. This enclosed space can be used for residential purposes, for commercial or office purposes or for any other form of independent use. The enclosed unit should also have an exit that leads to public areas like streets or roads or to a common area that is shared.
  • Association of Apartment Owners – There are separate byelaws that take care of the formation of an apartment association and its constituting members. The Andhra Pradesh Apartment Ownership Act defines an apartment association as a group all apartment owners.
  • Building – A structure that has five or more apartments or two structures that have more than two apartments each can be classified as a building, according to the Andhra Pradesh Apartment Ownership Act.
  • Common Areas – Common areas in an apartment are mentioned in the Declaration. The Andhra Pradesh Apartment Ownership Act includes basements, gardens, cellars, parking areas, main walls, terraces, halls, stairways, corridors, entrances, exits and lobbies, and the entire space of land used during construction under the definition of common areas in an apartment complex.
  • Property – The overall expanse of land used, the common areas and the buildings together constitute the ‘property’.
  • Limited Common Areas – The common areas which can be used only by a particular section of the apartment complex are described as the limited common areas.

ApnaComplex is web-based apartment management software. It is designed to make the life of residents and owners a lot better by bringing in more transparency and accountability in managing the complex. Sign up your complex today and get the benefits! Yes, we offer a 30-day no-obligation trial!


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.


What Apartment Owners Association Rules State About Running Small Businesses From Home

If you have a potential business idea or service that you want to try out in mind, it is always wise to consult the managing committee in your apartment association well in advance. Having a small chat with the managing committee members of your apartment association can set a lot of things straight and can help you learn more about the rules and regulations involved with running a business from your flat in the apartment complex.

The Rising Trend

Workspaces are now shifting, and people no longer have to necessarily work from offices. With the advent of the internet, people can work from home with the help of a constant internet connection. Freelancers are popping up everywhere, and this is slowly turning out to be the latest mantra.

It’s likely that many people are continuing to work from home without any idea about the regulations or rules that they may be breaking. This is not a wise move, as this may turn out to be a problem sooner or later when other residents start noticing the general happenings.

Setting up home office can be tricky

Setting up home office can be tricky

So where do apartment complexes in India stand when it comes to using residential houses for commercial purposes?

The answer for this question depends on the type of business carried out. Every apartment association may have a different take on the same issue. In an overall view, using a residential apartment for business use is strictly prohibited, regardless of whether the business is conducted by the members of the household, or by a third party. The general laws state that residential units can be put to commercial use in a scale of 20%.

Do apartment association bodies have byelaws that pertain to this scenario?

Any apartment association worth its salt will have regulations that cite such instances. However, the laws state that a residential unit should not be put to ‘commercial use’. Not all jobs fall under this broad category, and this is exactly why you should consult the members of your apartment association and ask them for their views.

Commercial activities are defined as activities that involve the purchase, production and sale of physical goods, as per the law. Any kind of service provided does not fall under this category, and if that’s what you’re looking to do – your apartment association can give you the go-ahead.

Providing Services

Commercial activities are not allowed in a residential complex by the apartment association mainly because of security concerns. Your neighbors will obviously be annoyed if people keep visiting your house in noisy packs, by parking their vehicles in spaces that are purely meant for residents.

If you’re planning on providing services that are not commercial in nature, like Yoga classes, then you can talk to the managing committee in your apartment association and get the committee’s approval. You can also provide tuitions for school or college students, and other services like arts classes, dance classes and painting classes, provided your services do not interrupt the daily lives of your neighbors.


ApnaComplex is a web based apartment management software. It is designed to make the life of residents and owners a lot better by brining in more transaparency and accountability in manging the complex. Sign up your complex today and get the benefits!


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.


Does Your Apartment Owners Association Qualify For Stamp Duty Remission?

There are many advantages involved with staying in an apartment complex, and one major advantage is the prominent role that you can play in your apartment association. An apartment association is formed with all residents in the apartment complex as members soon as the apartment complex is registered legally.

By joining the apartment association, you can carve out definite duties and responsibilities for yourself and you can carry these out to your best extent. This can be an entirely different experience altogether, because your role in an apartment association will expose you to hitherto unexplored facets in the legal world. The recent Stamp Duty Remission announced by the government is one such example, because you’d have been unaware of this concept, if not for your position in the apartment association.

Stamp Duty Remission – Fact of the Matter

Recent concessions have been announced by the Government of Andhra Pradesh regarding a concession on the stamp duty that’s levied on apartments. The announcement lists down certain conditions, and an apartment complex that satisfies all these conditions can avail the concession offered.

But before you start off trying to find out whether your apartment complex would be eligible, you’ll need to know what stamp duty actually is. 

What is Stamp Duty?

When it comes to legal procedures, taxes are levied in many sections, including the documents used for the procedure themselves. Such tax that is levied on all legal documents is called as stamp duty. Once the stamp duty is fully paid, a stamp will impressed on the document or attached to the same. This applies to all commissions, receipts and checks too.

In the case of apartments, stamp duty is levied when an apartment (or) apartment complex is taken for proper registration. In order to register the apartment complex officially, some stamp duty needs to be paid. The payment involved varies from place to place though.

Conditions for Stamp Duty Remission

The government states many conditions when it comes to remission of stamp duty, and these conditions need to be satisfied for the same.

  • The concession is provided to flats or apartments that have a floor area that is equal to or less than 1200 square feet. Any apartments or flats that have dimensions more than this will not be considered eligible for concession.
  • The concession is only provided for residential areas, and it is not provided to residential apartments that are put to any form of commercial use.
  • The overall floor area specified is inclusive of parking space. Any apartments or houses that have dimensions of 1200 feet or below, excluding their parking space will not be considered.
  • Stamp duty remission will be provided for flats and apartments and other registered structures like apartment complexes, which have more than or equal to five tenements.
  • Independent houses and apartment complexes that have lesser than five tenements will not be considered for stamp duty remission.
  • The concession will be provided only on stamp duty, and there will be no changes in the registration charges or transfer duty.

ApnaComplex is a web based apartment management software and is designed to make the life of management committees a whole lot easier. Sign up your complex today and get the benefits!


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.


Apartment Owners Association Bye Laws – The Basic Bye Laws For Each Apartment Association

Apart from the deeds and declarations involved in buying an apartment, there are also many bye laws that you will need to be aware of. These bye laws will govern every property’s administration and a copy of these bye laws will always be attached to the Declaration statement. You will need to know the content of these bye laws before buying your apartment, just to be on the safer side.

You will also find it easier to communicate the legal aspects with your real estate lawyer if you’re aware of these bye laws and their contents.

One major aspect of these bye laws is that these cannot be modified or tweaked with, under any circumstance. In order to modify a few bye laws for practical purposes, they should be placed as an amendment along with the Declaration. Only persons with authority will be authorized to fill up such an amendment.

What Bye Laws Are

These bye laws will be mainly responsible for governing the activities of the managing committee. While deeds and declarations will be part of the legal processes associated with obtaining an apartment, bye laws will be more focused towards the managing committee in an apartment complex and how members are initiated and expelled from the same. This is why it is mandatory to have some sound knowledge on these issues in order to exercise your rights to the fullest.

Knowing All Bye Laws Can Be Helpful

Knowing All Bye Laws Can Be Helpful

 

What They Involve

  • Bye laws for apartment complexes will be mainly concerned with the following issues:
  • Bye laws will apply to the method through which the Board of Managers or the Managing Committee in an apartment complex is elected. This is the main area where these laws are applicable. Bye laws will clearly cover the following aspects under the subject of the Managing Committee
    • The strength of the committee (that is, the number of members the committee can/should have)
    • The term that each member in a particular position in the committee can serve
    • The methods involved in the initiation and removal of members of the board
    • The collective powers that the members of the board possess
    • The collective list of duties for all members of the board
    • The bye laws will also specify the conditions under which the services of a secretary can be engaged in the apartment association. They will also specify the powers that any individual acting as secretary in the apartment association will have.
    • The bye laws will specify the method through which a Secretary can be appointed or elected. The Secretary’s main duty under the bye laws has been specified as ‘maintaining the resolutions and minutes of every meeting’.
    • The same details as mentioned above will also be specified for the Treasurer’s post.
    • Bye laws will also cover the procedure for appointing and relieving maintenance personnel.
    • The bye laws also clearly state the conditions under which every resident should use the public spaces in an apartment complex, without interfering with the activities or privacy of other residents.  

These laws can help you get a fair understanding on the rights you hold as a member of the apartment association. They will also help you exercise your rights regularly and in the right manner.


Related Post: Bye Laws: The Constitution of your Apartment Association


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.

How To Purchase An Apartment In Bangalore – Some Tips

Purchasing an apartment in Bangalore is a dream for many young Indians today, as Bangalore is a fast growing city and a hub for all people, young and old. It all started with the IT revolution, when major companies recognized Bangalore as a fertile ground where they could set up base. This was followed by extensive migration as many engineers started flocking to Bangalore in search of better career prospects.

Today, Bangalore is fast rising as one of India’s premier cities, close in Mumbai’s tail.

Buying an apartment in Bangalore can solve multiple purposes.

  • In a time of rising rents and accommodation expenses, it can be a great investment to actually buy an apartment in a thriving city like Bangalore as the general value is high.
  • You will also have constant access to all amenities, including swimming pools, gyms and playgrounds.
Bangalore Sky line

Bangalore Sky line

When opting to buy an apartment in Bangalore, there is a series of steps that you follow, as these will help you make the right choice without going wrong in any account.

The Right Location

You may have to decide on the right location before pouncing for the kill and buying an apartment in Bangalore in a hasty manner. Make sure that you take all things into consideration, including the apartment’s distance from your workplace and its distance from nearby schools and universities (if you have kids!).

While opting for an apartment in Bangalore, you can either choose one that is located bang in the city’s commercial center or one that is located in the peaceful outskirts. In case you have kids, the latter option would be more ideal. Commercial areas tend to be very noisy and bustling and all this can take a toll on you over a period of time.

Good Infrastructure

Check if the apartment is indeed your dream home or a blast from the past. A few apartments in India tend to be improperly furnished with no showers, fading walls, bad carpeting and non existent furnishing. You’ll be investing all your hard earned savings in an apartment, so exercise your right in being choosy. Do not settle for apartments where bathrooms just have a pail and a bucket. Instead, you can opt for a beautiful apartment that is well furnished on all fronts.

Establishing Limits

The key to making a good investment is proper calculation. You should create a budget and stick to it, in order to make sure you don’t spend it all away on the apartment. List out your requirements, (what you’re looking for in an apartment) and check out the many housing complexes located out there. Compare the rates with your budget and pick out the one that matches all your criteria. Talk to the builders and question them on the advantages of taking up an apartment in their complex.

Know Your Papers

  • Verify whether the apartment of your choice has proper BBMP Approval Certificates.
  • Make sure you check the flat’s Khata Certificate. Ask for this from the owner of the place.
  • The property should have no loans dependant on it, so check the Encumbrance Certificate.
  • Employ a good real estate lawyer and verify the content of these certificates and the content of the Sale Agreement and Sale Deed with him/her.
  • Wrap up all your pending payments before the period mentioned in the Sale Deed and get a sale agreement. 
  • Get your sale deed registered and get the Khata in your name. 

These small facts are not that well known, and these are essential in ensuring that real estate brokers do not take you for a ride. Pick out a great apartment following these simple guidelines and revel in your space in India’s software capital!


Read Also:
1. Before you buy: A checklist for Apartment Buyers
2. Guide to Buying a Property in Bangalore from a Legal Perspective


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.

Karnataka Apartment Owners Act Part Two – Contents Of Declarations And Deeds Of Apartments

While registering your apartment under the Karnataka Apartment Owners Act, you will need to be aware of the contents of the deeds and declarations involved, as this is necessary.

Not many people these days take the effort to know what works in the legal section of obtaining an apartment while registering their building under the Karnataka Apartment Owners Act, and this is not a very good sign. Having good knowledge on the legal proceedings can help you immensely in communicating effectively to your lawyer.

Learning legal information is not rocket science, as you will find out through the course of this post, as very basic facts and figures are involved.

The content that an apartment’s deed and declaration will hold has been given below.

Karnataka Apartment Owners Act Details – Declaration Contents

  • The declaration will hold many particulars, and the most important of these is the land description. The nature of the land involved will be given in a detailed manner (that is, whether the land falls leasehold or freehold categories).
  • A detailed description of the building will follow, stating the number of basements and storeys in the particular building. The number of apartments involved will also be mentioned, and the basic materials used to build the structure will be specified.
  • Details will also extensively include the apartment number of each apartment that falls under the span of the building, the number of rooms present in each apartment and the dimensions of the same, and also the common areas that the apartment has access to. This is used for identification purposes.
  • The value of each apartment is also mentioned in the Declaration, and the overall value of the property and the percentage of interest (undivided) that each resident will bear for access to the common areas in the apartment complex will also be mentioned.
  • A set of bye laws will also be attached with the Declaration during registration. In simple terms, these bye laws are more targeted at apartment associations and they will involve procedures for appointing people into the upper tier of the apartment association.
  • The Declaration will also contain the name of the person that the entire registration process in carried out under. All personal details including the residential address, the contact details and occupation will be specified.

These are the basic details that will be included in a Declaration, under the Karnataka Apartment Owners Act.

Karnataka Apartment Owners Act Details – Deed Contents

  • The Deeds will contain more or less the same content as given in a declaration, including a description of the land that the apartment complex or building is set in.
  • The Deeds will also contain information that can be used to establish the identity of the particular apartment, including the apartment number as stated in the declaration.
  • The Deeds will contain the percentage of interest (undivided) pertaining to the common areas in the apartment.

These are the basic details involved in a Deed under the Karnataka Apartment Owners Act. Any real estate lawyer will be able to smoothly take you through the procedures involved without any issues.


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.

Karnataka Apartment Owners Act Part One – Apartment Association And Registration of Deeds, Declarations

In order to buy your own apartment and become a member of the apartment association, there are a few steps and legal processes that you’ll need to know about.

The Need

It’s wise to be well versed in all the legalities involved while buying an apartment in the state of Karnataka. Although a real estate lawyer can take care of the half the issues in this regard for you, being aware of your rights and your position in the entire setting can help you make better and faster decisions. There are many deeds and declarations that you will have to go through while buying an apartment in a city like Bangalore.

Talking to the members of your apartment association can help you get a clear idea. Senior members of the apartment association will guide you through the legalities involved.

The Karnataka Apartment Owners Act 1972

This act deals exclusively with apartments that are residential in nature. Apartments are termed as transferable properties that are also heritable under this act. In order to register the apartment complex under this act, all apartment owners will need to come together and sign the particulars, which can be quite an ordeal.

Know your State Rules

Know your State Rules

The Registration Procedure:

Given below are a few facets that you’ll need to know while getting your apartment registered under the Karnataka Government:

  • The Declaration should be registered properly under the Registration Act of 1908.
  • The deeds involved with the house will also need to be registered with the Registration Act of 1908.
  • The floor plan of the particular building should also be duly registered under the Registration Act of 1908.
  • Along with the registration of the building’s Declaration, extensive details about the building should also be filed along. These details should include the building’s layout, the location of the building, and the number of the particular apartment. The apartment’s dimensions will also have to be accurately mentioned in the details. This is very important.
  • The building’s name should also be specified in the details provided. If the particular building has no specific name, it should be mentioned that the building does not have a name.
  • All these above mentioned details should be properly verified by an architect, who will need to release a statement mentioning that the specified details are correct.
  • This statement should then be run through some local authorities under whose jurisdiction the particular building falls, who will, in turn, verify the same and approve it.
  • If the submitted plans do not include the verified seal of a practicing architect, then the plans should have an amendment attached to them when they are submitted. This amendment should certify that the floor plan mentioned in the documents, the name of the house specified and the dimensions of the building are all accurate and true. This is also very important.
  • The registrar or sub registrar will then register the declaration and deeds involved under the Karnataka Government through an act that was made effective in 1908.

This is the general registration procedure involved in registering an apartment and the apartment association under the Karnataka Government.


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.