TG-RERA orders Aparna to hand over disputed flat

Authority directs possession within 30 days, says ownership issues must be decided by civil courts

Property Pulse

The Telangana Real Estate Regulatory Authority (TG-RERA) has directed Aparna Constructions & Estates to hand over possession of a flat in its Aparna Sarovar Zicon project at Nallagandla within 30 days, while making it clear that the direction will remain subject to the outcome of pending civil and insolvency proceedings over the property's ownership.

The order was passed on a complaint filed by Shridevi Valluri, who sought possession of Apartment No. 403 in Block J, along with updation of ownership records and compensation. She contended that despite purchasing the flat through a registered sale deed and issuing legal notices, possession had not been handed over.

The developer opposed the complaint, arguing that the complainant was not a party to the original agreement and that the validity of the General Power of Attorney (GPA) and the subsequent sale deed was under challenge before a civil court. It also cited pending insolvency proceedings and the absence of a No Objection Certificate for the transfer.

TG-RERA held that, for the limited purpose of deciding the promoter's statutory obligation to hand over possession, a subsequent purchaser falls within the definition of an 'allottee' under the Real Estate (Regulation and Development) Act, 2016.

At the same time, the Authority clarified that it was not adjudicating title or ownership of the property. It observed that questions relating to the validity of the GPA, the subsequent sale deed and allegations of fraud fall within the jurisdiction of the competent civil court.

Holding that the pending ownership dispute did not absolve the promoter of its statutory obligation to deliver the completed apartment, TG-RERA directed Aparna Constructions to hand over the flat and its keys in a fully completed and habitable condition within 30 days.

The Authority declined to order changes to ownership, municipal or revenue records, stating that such matters were outside its jurisdiction. It also held that the complainant's claim for ₹5 lakh compensation would have to be pursued separately before the Adjudicating Officer under the Act. The order makes it clear that possession of the flat will remain subject to the outcome of the pending civil suit, insolvency proceedings and any other litigation relating to ownership.

Rule position

• Possession to be handed over within 30 days.
• Order relates to Aparna Sarovar Zicon, Nallagandla.
• Ownership dispute pending before civil court.
• TG-RERA says subsequent purchaser is an allottee under RERA.
• Authority declines to decide title or ownership.
• Compensation claim to be pursued separately.