Bhubaneswar: In a bid to ease the process for resale of apartments originally sold before enforcement of Real Estate (Regulation and Development) Act, 2016, the Odisha government has issued a special order providing for certain exemptions for buyers and sellers.
The notification was issued by the Housing and Urban Development department on Wednesday in exercise of the powers conferred by Section 35 of the Odisha Apartment (Ownership and Management) Act, 2023. With the fresh order, the notification issued by the government on February 1, 2025 is rescinded.
The order was issued after the government observed that numerous apartment owners who purchased their apartments prior to October10, 2016 encountered difficulties in registering their deed of transfer, particularly during resale, owing to the requirements mentioned under Section 8(2) of the OAOM Act.
As per the order, the allottee or transferee for registration of sale deeds during resale or subsequent sale of such apartments whose deed of transfer of apartment has been executed before October 5, 2016 is exempted from submitting the documents as required under Section 8 (2) of OAOM Act for the purpose of execution and registration of sale deeds.
Notwithstanding anything contained under Section 8 (4) read with 8(2) of the OAOM Act, the owner is required to submit only the old Deed/s of transfer / Registered Sale Deed/s before registering authority at the time of registration.
The new sale deed for resale must mention the following:
a. The percentage of undivided interest in the Common Areas and Facilities (CAF) shall be deemed to be conveyed or encumbered along with the apartment, to the Allottee or Transferee, even though such interest is not expressly mentioned in the earlier deed of transfer/ sale deed.
b. The undivided proportionate title in the CAF appertaining to the apartment shall be deemed to be conveyed to the Association of Allottees, even though such undivided proportionate title is not expressly mentioned in the earlier deed of transfer/ sale deed.
If any association of allottees or society was already formed under any other law before commencement of OAOM Act, it shall be deemed valid only upon adoption of bye-laws in accordance with Section 15 of the said Act.
4. The exemption granted by this notification shall not be construed as condoning any violation of building regulations. Any such violations shall remain subject to action under the applicable law.
Notably, the OAOM Act, 2023, was brought in to simplify and strengthen laws relating to apartment ownership and its management. However, it came to the notice of the government that apartment owners are facing difficulties in registering the deeds of transfer of apartments due to various compliances and documentations.
