BENGALURU: A resident has approached the Karnataka Lokayukta, claiming that the amended deed of declaration (DoD) for Sobha Aspire apartments in Nagasandra was registered without consent from all apartment owners or proper authorization.
The complaint was filed by Subhash S. Shetty, an apartment owner, regarding an amended DoD registered at the Peenya sub-registrar’s office on March 3, 2023. Shetty alleges the document was executed by someone posing as the “grantor” without valid authority, residents’ approval, or necessary documentation.
In response to Shetty’s allegations of fraud, forgery, and illegal registration, the district registrar of Rajajinagar instructed the Peenya sub-registrar on January 27, 2026, to investigate these claims and provide a detailed report. The sub-registrar sent notices to the apartment association for explanations and pertinent documents. After the association requested additional time and copies of the complaint, a third notice was issued on March 17, 2026, under Section 83 of the Registration Act, requiring the association’s president to appear in person and present the disputed document for inspection.
However, in a communication dated May 4, the district registrar expressed concern over the inquiry’s slow progress, noting that merely issuing notices was inadequate. The office instructed the sub-registrar to take action under Sections 82 and 83 of the Registration Act, if appropriate, and to submit a report.
In a report submitted on May 5, the Peenya sub-registrar clarified that its function is limited to registering documents as per the Registration Act and Rules. The office stated it cannot assess whether the amendment complied with the Karnataka Apartment Ownership Act, 1972, or whether the association had the authority to execute such changes. The legality of the amended DoD and disputes over the authority of its execution would need to be resolved by a competent civil court.
Frustrated with the delay and lack of action, Shetty subsequently contacted the Karnataka Lokayukta. His complaint against the Peenya sub-registrar for neglecting duty was filed on May 21 and is currently under preliminary review.
Having lived in the apartment complex for over 15 years, Shetty informed TOI that the builder still owns the land and hasn’t transferred ownership to the association or apartment owners. He emphasized the necessity of the builder’s consent before executing an amended DoD, even if all owners approve. He cautioned that such actions could lead to serious legal disputes regarding common areas and open spaces in the future.
