Flat owners to get inheritance rights

A deed of apartment will also help a buyer to hold,use,enjoy,transfer and mortgage their flats without running around the courts for every such transaction and will further ensure they are not left at the mercy of buyers.

Till now,owners use a power of attorney to transfer their property as they do not have the absolute right on an indivisible land.

The deed,as suggested by the High Court,will also give an owner undivided interest in the common areas and facilities relating to such apartment,besides a right to form own association,membership on a par with original allottees,voting rights and right to fix maintenance.

At present,the title of such property rests with the society,making securing bank loans tough.

The directive seeks to change this.

In accordance with the Act,the first obligation for executing the deed is on a builder or promoter of a group housing society. Underling the problem that buyers faced because of the reluctance of builders to come forward to facilitate the execution,the Bench said if the builders failed to do so,a competent authority,appointed by the Delhi Development Authority (DDA) or Land & Development Officer (L&DO) of the central government under the Act,shall execute such deeds.

“We direct that in the event of the apartment owners applying to the competent authority,it shall,after granting opportunity of hearing to the promoters or builders and after satisfying itself,pass such orders directing promoters or builders to execute and register the deed and if the promoters/builders still defaults,execute and register the deed itself,” the court said.