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Sale Deed Reigns Supreme in Bengaluru Society Dispute
19 Aug
Summary
- Bengaluru court ruled shared amenities are for both societies.
- Registered sale deeds explicitly allowed shared facility usage.
- Homeowners lost their appeal after multiple court defeats.
A Bengaluru housing society's attempt to claim exclusive rights to common amenities was dismissed by the Karnataka High Court on July 9, 2026. Residents of Arya Hamsa had challenged the use of their clubhouse, roads, and gates by occupants of the adjacent Arya Hamsa Grande. The builder had intended for facilities to be shared between the two projects, a fact contested by Arya Hamsa residents.
Their legal battle, initiated under the RERA Act, saw defeats at the Karnataka RERA Authority and the RERA Appellate Tribunal. The High Court upheld the lower courts' decisions, citing the registered sale deed signed by Arya Hamsa owners in 2015. This deed explicitly stated that common amenities were to be shared across different project phases.
The court rejected arguments that the shared-use clause was invalid or uncertain, emphasizing that owners had exclusive rights to their flats, not common areas. The residents' failure to challenge the sale deed itself earlier, combined with its clear provisions, led to the final dismissal of their case.
