Apartment Sale Deeds Not Be Registered Due To RERA Act Violations in Odisha
Apartment Sale Deeds Not Be Registered Due To RERA Act Violations in Odisha
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Bhubaneswar: The Inspector General of Registration (IGR) in Odisha has directed that registration of sale deeds of units that are not in strict conformity with the Real Estate (Regulation and Development) (RERA) Act – 2016 be halted.
In a letter to registering officers in the state on Wednesday, the IGR under the Board of Revenue advised them not to register any instrument for transfer, alienation, or transfer of immovable property that is forbidden by the State or the Centre.
"Sale deeds presented for registration that contain clauses contrary to the RERA Act mandating transfer of common areas in favour of the Association of Apartment Owners cannot be executed and will be refused under section 22-A of the Registration Act – 1908," IGR Jyotiprakash Das wrote in the letter, according to TNIE. The officers were told to follow the Orissa High Court's interim decision, which was issued on May 12.
The high court had ordered IGR to enforce Section 22-A of the Registration Act and guarantee that all sale deeds adhere to the RERA Act's requirements.
The state government's failure to pass a law requiring the registration of Associations of Allottees in accordance with RERA requirements has resulted in this predicament, according to RERA activist Bimalendu Pradhan, who filed a PIL in the HC in this regard. However, he continued, this is only part of the issue, and the planning authorities must provide occupancy certificates in a timely manner.
It should be noted that the state's GST department is investigating at least 12 real estate developers for tax cheating. The State GST Enforcement Wing discovered that several real estate developers with a turnover of more than Rs 100 crore had reported no revenue in their VAT reports. They collected 2% VAT on the gross value of the units but did not deposit it in the government's account.
