Resident moves Lokayukta over deed amendment, alleges delay in action by sub-registrar

Bengaluru: Alleging that an amended deed of declaration (DoD) for Sobha Aspire apartments in Nagasandra was registered without the consent of all apartment owners or proper authorisation, a resident has approached Karnataka Lokayukta seeking action.The complaint, filed by apartment owner Subhash S Shetty, concerns an amended DoD registered at the Peenya sub-registrar’s office on March 3, 2023. Shetty alleges that the document was executed by an individual claiming to be the “grantor” without valid authority, residents’ approval, or supporting documents.Acting on Shetty’s complaint alleging fraud, forgery, and illegal registration, the district registrar, Rajajinagar, on Jan 27, 2026, had directed the Peenya sub-registrar to examine the allegations and submit a detailed report along with supporting records.

The Peenya sub-registrar subsequently issued notices to the apartment association seeking explanations and relevant documents. After the association sought additional time and copies of the complaint, the sub-registrar issued a third notice on March 17, 2026, invoking Section 83 of the Registration Act, 1908.

The notice directed the association’s president to appear in person and produce the disputed document for inspection.

However, in a communication dated May 4, the district registrar expressed dissatisfaction with the pace of the inquiry, observing that issuing notices alone was insufficient. The office directed the sub-registrar to initiate action under Sections 82 and 83 of the Registration Act, if warranted, and submit a report.In a report submitted on May 5, the Peenya sub-registrar maintained that the registration department’s role is confined to registering documents presented before it in accordance with the Registration Act and Rules.

The office said it cannot examine whether the amendment complied with the Karnataka Apartment Ownership Act, 1972, or determine whether the association had the authority to execute such changes.

It added that the validity of the amended DoD and disputes over the authority of those who executed it would have to be decided by a competent civil court.Alleging delay and inaction, Shetty later approached Karnataka Lokayukta.

His complaint against the Peenya sub-registrar, alleging dereliction of duty, was registered on May 21 and is currently under preliminary scrutiny.Shetty, who has lived in the apartment complex for over 15 years, told TOI that since the builder remains the sole owner of the land and has not transferred it to the association or apartment owners, the builder’s consent is essential before an amended DoD can be executed, even if approved by all owners. He said executing such a deed under the guise of an unregistered association’s president could create serious legal disputes over common areas and open spaces in the future.