Title Derived from Conditional Sale Deed Issued by Bangalore Development Authority

Overview

The legal status of a title derived from a conditional sale deed issued by the Bangalore Development Authority (BDA) is contingent upon compliance with the terms of the allotment and the authority''s regulations. The following points summarize the relevant legal principles and case law regarding conditional sale deeds and the BDA''s authority.

Key Legal Principles

Burden of Proof

• The burden of proving the title to the property lies with the petitioner in cases of disputed allotment. The petitioner must establish the genuineness of the documents presented, including the conditional sale deed M. SHIVAKUMAR VS BANGALORE DEVELOPMENT AUTHORITY - Karnataka (1998).

Validity of Conditional Sale Deeds

• A conditional sale deed executed by the BDA can be challenged if it is found to be in violation of the terms of the allotment or if the BDA has failed to act against breaches of conditions S Venkoji Rao VS The Bangalore Development Authority - Karnataka (2010).
• The BDA''s power to cancel a conditional sale deed is limited. Such cancellation must be pursued through the courts, as the authority cannot unilaterally annul a registered sale deed K. Raju VS Bangalore Development Authority By its Commissioner ` - Karnataka (2010).

Compliance with Allotment Conditions

• The BDA has specific rules regarding the allotment of sites, including conditions that must be fulfilled by the allottee, such as constructing a building within a stipulated time frame. Failure to comply can lead to cancellation of the allotment S Venkoji Rao VS The Bangalore Development Authority - Karnataka (2010).
• If the BDA has accepted payments and acted upon the conditional sale deed without timely cancellation, it may be deemed to have acquiesced in the rights of the allottee S Venkoji Rao VS The Bangalore Development Authority - Karnataka (2010).

Legal Recourse

• The power to cancel a conditional sale deed lies with the court, as per Section 31 of the Specific Relief Act, 1963. The BDA must approach the court for any cancellation of a deed that has been executed and registered K. Raju VS Bangalore Development Authority By its Commissioner ` - Karnataka (2010).

Relevant Case Law

1. Fraudulent Allotment: In cases where the allotment is claimed to be fraudulent, the court has dismissed petitions when the petitioner failed to prove the authenticity of the documents M. SHIVAKUMAR VS BANGALORE DEVELOPMENT AUTHORITY - Karnataka (1998).
2. Acquiescence by BDA: The BDA''s failure to act against violations of the lease-cum-sale agreement can lead to a finding that it has acquiesced in the rights of the allottee, thus validating the conditional sale deed S Venkoji Rao VS The Bangalore Development Authority - Karnataka (2010).
3. Court''s Authority: The court has the ultimate authority to determine the validity of a sale deed and can intervene if the BDA attempts to cancel a deed without proper legal grounds K. Raju VS Bangalore Development Authority By its Commissioner ` - Karnataka (2010).

Conclusion

The title derived from a conditional sale deed issued by the BDA is subject to the fulfillment of specific conditions and the authority''s compliance with legal procedures. If the BDA has not acted against breaches or has accepted payments under the conditional sale deed, the title may be upheld. However, any cancellation of such a deed must be pursued through the courts, as the BDA lacks the authority to unilaterally annul a registered sale deed.

Recommendations

• Ensure that all conditions of the allotment are met to maintain the validity of the title.
• If facing challenges regarding the title, consider seeking judicial intervention to clarify the status of the conditional sale deed.
• Document all communications and actions taken with the BDA to support any claims regarding the title.

References: M. SHIVAKUMAR VS BANGALORE DEVELOPMENT AUTHORITY - Karnataka (1998)K. V. NARAYAN VS S. SHARANA GOWDA - Karnataka (1985)S Venkoji Rao VS The Bangalore Development Authority - Karnataka (2010)K. Raju VS Bangalore Development Authority By its Commissioner ` - Karnataka (2010)]