Can land property of a residential apartment building condominium (with Occupation Certificate issued by a municipal corporation) be transferred to an unregistered building association in Karnataka ? If yes, how may it be done legally ? If no, what are the reasons for it ?
1. Since unregistered building association is not a legal entity, transfer of land property of a residential apartment building condominium to unregistered building association can't be done.
2. Not possible because unregistered building association is not a legal entity.
Association must be registered
2) unregistered association lack legal recognition as separate entities. They cannot enter into contracts in their name, hold bank accounts, or fully protect the rights of their members.
Dear Client,
It is not legally permissible to transfer the land property of a residential apartment building condominium to an unregistered building association in Karnataka as the transfer of property generally requires the recipient to be a legally recognized entity. An unregistered building association does not have a separate legal identity and cannot hold property in its name. To comply with legal requirements, the building association must be registered under the Karnataka Societies Registration Act, 1960. Once the association is registered, a conveyance deed should be prepared, signed and registered at the sub registrar’s office in order to transfer the property from the current owners to the registered association. After the conveyance deed is registered, update the property records with the municipal corporation to reflect the new ownership by the registered association. Following the proper legal procedures ensures the transfer is valid and recognized by authorities. It is advisable to hire a lawyer to help you in following these procedures. Should you require any further clarification, please do not hesitate to contact us.
The unregistered association is nothing but a group of some identical persons and not a legal body.
Hence transfer of residential apartment complex with the appurtenances and the land underneath to the unregistered society may not be legally valid because the society canot hold the same on somebody's behalf.
As it is not a legal body, it can neither be sued nor it can sue.
Any property can be transferred either to natural person man/woman or to legal entity like corporate body, partnership firm, deity, wakf, etc. any other transfer of property to non entity like unregistered entity to not valid. It can however be transferred by registered sale deed to association collectively.
In any condominium, the flat owners are entitled only to an undivided share (UDS) of the underlying land. Occupancy certificate is issued by the municipal corporation only in respect of the superstructure consisting of flats in a condominium. In such circumstances, the 'land' - meaning, the UDS - alone cannot be legally transferred without the corresponding superstructure (flat). Definitely, it cannot be transferred to an unregistered body, as such a body is not a legal entity.
Dear sir /madam
Your question is incomplete or very brief to answer .
I could discuss your case in detail if I had known more information about your case . But due to limitations, i would request you to contact me personally on phone or at my office for detailed consultation if any required..
Thank you. Warm regards
- Adv Harshita Shah
