The petitioner-association has sought for a direction to forthwith stop the registration of Deed of Declaration (DoD), with or without bylaws. DoD is a document giving details of the apartment, its facilities, common areas, buildings and the extent of ownership of the flat buyers.
A division bench headed by chief justice Abhay Shreeniwas Oka posted the matter to February 18, while directing the authorities, including the inspector-general of registration and commissioner of stamps, to submit their response. According to the petitioner, the DoD is being registered in a callous manner, without the sanction of law, without any conferred jurisdiction and without knowledge of consequences.
“This has led to the perception and misconception amongst promoters/ homebuyers that mere registration of DoD in a sub-registrar’s office is tantamount to formation of a residents’ welfare association ( RWA),” the petitioner said, adding that the resultant effect is that home buyers are being made to pay a huge price by a small segment of people, who control these unrecognised associations.
The petitioner said many of the promoters/ homebuyers, through DoD registration, have formed ‘Apartment Owners Association’ and on the basis of their claim to being a body corporate/ juristic body, opened bank accounts, obtained PAN cards, GST licences, availed IT benefits, etc.