Delhi high court has directed the Capital’s land-owning agencies to execute “deeds of apartment” for home buyers if they so require and allow them to have “heritable rights”.
Importantly, this guarantees home buyers, especially those in housing societies, exclusive ownership rights over their properties and ensures that they do not have to struggle to sell, obtain loans or leave them to their children as legally recognised endowments. They no longer have to depend on promoters or builders to transfer or mortgage the properties.
A bench of acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw, while allowing a public interest litigation (PIL) which sought a direction for enforcement of the Delhi Apartment Ownership Act, said: “In case the builders of the apartments failed to execute the Deed of Apartments, the competent authority of the agencies is empowered to do so.”
“Similarly, the disputes, if any, as to who, at present is entitled to the apartment, are also to be decided by the competent authority,” the bench said.
The bench was hearing the PIL seeking a direction to comply with this court’s May 2010 order in which land-owning agencies, the DDA and the L&DO, were directed to appoint a competent authority under the Delhi Apartment Ownership Act, register deeds of apartment and form apartment owner associations so that flat buyers can avail benefits under the act.
According to the litigation, more than two years after the court’s order, nothing has been done, because of which buyers have failed to obtain absolute ownership of the flats and also face difficulty from builders for transfer or mortgage of the property.