Odisha: Sale deed registration of flats involves a halt

Express News Service

BHUBANESWAR: Days after Orissa High Court raised concern over registration of sale deeds of flats with out satisfactory compliance to the Real Estate (Regulation and Development) (RERA) Act – 2016, the follow has been stopped by the Inspector General of Registration (IGR) from Wednesday.

The IGR underneath Board of Revenue, Odisha has requested all registering officers within the State to refuse to register an instrument for switch of immovable property, the alienation or switch of which is prohibited by the State or Centre.

“With the RERA Act mandating transfer of common areas in favour of the Association of Apartment Owners, sale deeds presented for registration which contain clauses contrary to it cannot be executed and be refused under section 22-A of the Registration Act – 1908,” acknowledged IGR Jyotiprakash Das in his letter to the officers.

Das additionally requested the officers to strictly adjust to the interim order of the High Court issued on May 12 through which the court docket had requested IGR to strictly implement the part 22-A of the Registration Act and make sure that sale deeds registered hereafter strictly abide by the provisions of the RERA Act and guidelines made thereunder.

The transfer, in the meantime, is more likely to have large monetary implications on the State exchequer as the federal government had been incomes tons of of crores yearly from registration of sale deeds of immovable property with the actual property sector contributing a sizeable quantity to it.

RERA activist Bimalendu Pradhan, who had filed a PIL within the HC on this regard, mentioned the delay on a part of the State authorities to convey any appropriate legislation for registration of Association of Allottees consistent with the provisions of RERA has led to this example. 

Pradhan additionally mentioned that Association of Allottees and switch of the land together with the widespread space is barely part of the issue.

“The planning authorities are also required to issue occupancy certificates in a timely manner. Otherwise, this will also hamper the registration of sale deeds. In such situation the sub-registrars will also remain helpless,” he mentioned.