Karnataka HC ruling on common apartment amenities: What flat buyers must check before purchase
The dispute involved two adjoining projects developed by the same developer. Arya Hamsa was developed first, while Arya Hamsa Grande came up later on adjoining land
- Aug 26, 2026,
- Updated Aug 26, 2026 3:42 PM IST
The Karnataka High Court has ruled that apartment owners cannot claim exclusive rights over common amenities when their registered sale deeds clearly provide for shared use. The judgment has significant implications for homebuyers, particularly those purchasing flats in large residential projects developed in multiple phases.
The case involved two residents of Bengaluru’s Arya Hamsa project, who objected to residents of the adjoining Arya Hamsa Grande project using facilities such as the clubhouse, roads, pathways and entrance and exit gates, according to a report by Business Standard.
READ THIS: Old DDA flats to get a makeover? Delhi Master Plan 2047 proposes new redevelopment rules
What was the case?
The dispute involved two adjoining projects developed by the same developer. Arya Hamsa was developed first, while Arya Hamsa Grande came up later on adjoining land. Although the projects had separate approvals and development arrangements, certain facilities were intended to be shared.
Two Arya Hamsa apartment owners challenged this arrangement before the Karnataka Real Estate Regulatory Authority (RERA), claiming that the common facilities were meant exclusively for their project.
Karnataka RERA rejected their complaint, as did the RERA Appellate Tribunal. The homeowners subsequently approached the High Court. Business Standard reported that the High Court dismissed their appeal.
Registered sale deed was crucial
The High Court's decision centred on the registered sale deeds executed between the developer and apartment buyers. The documents specifically provided for sharing of certain amenities.
Subrata Mukherjee, partner at SNG & Partners, told Business Standard: “The registered sale deed was central to the Karnataka High Court’s decision.” He explained that the buyers' claim failed because they had agreed to the shared arrangement through their registered documents.
DON'T MISS: Realty check: Ghaziabad sees prices drop by 17%; Faridabad, Noida & Delhi post sharp gains
The court also rejected arguments that the arrangement violated Section 11 of the Transfer of Property Act, 1882. It distinguished ownership of an individual apartment from rights over common facilities. Owning a flat does not automatically mean having exclusive rights over every amenity associated with the development.
Consent matters for buyers
The ruling also highlights the principles of consent, estoppel and approbate and reprobate. In simple terms, a buyer who accepts the benefits of an agreement cannot later reject an obligation contained in the same agreement.
Advocate Divya Alexander of D. M. Harish & Co. LLP told Business Standard that these principles were important to the court's reasoning.
The homeowners had also argued that the sharing arrangement was uncertain under Section 29 of the Indian Contract Act. The High Court rejected this contention, finding that the registered sale deeds clearly recorded the relevant terms.
What does this mean for homebuyers?
The judgment sends a clear message to property buyers: do not assume that every amenity within a housing project is exclusively available to its residents.
Manu Kumar Jha of PSL Advocates & Solicitors told Business Standard that buyers should examine the contractual documents to understand whether facilities are shared with other phases or projects.
B. Shravanth Shanker, managing partner at B. Shanker Advocates LLP, similarly said apartment ownership does not automatically create exclusive rights over common amenities when the sale deed expressly provides for shared use.
ALSO READ: Housing prices rise 6% YoY despite sales dip; Gurugram, Noida lead Delhi-NCR real estate growth
Check these documents before buying
For buyers, the ruling makes legal due diligence particularly important. Before purchasing a flat, buyers should check:
- Sale deed: Look for clauses governing common areas and shared amenities.
- Project documents: Check whether the property is part of a larger, multi-phase development.
- Amenity rights: Verify who can access clubhouses, roads, parking and recreational facilities.
- RERA documents: Compare promised amenities with legally registered project documents.
The Karnataka High Court has ruled that apartment owners cannot claim exclusive rights over common amenities when their registered sale deeds clearly provide for shared use. The judgment has significant implications for homebuyers, particularly those purchasing flats in large residential projects developed in multiple phases.
The case involved two residents of Bengaluru’s Arya Hamsa project, who objected to residents of the adjoining Arya Hamsa Grande project using facilities such as the clubhouse, roads, pathways and entrance and exit gates, according to a report by Business Standard.
READ THIS: Old DDA flats to get a makeover? Delhi Master Plan 2047 proposes new redevelopment rules
What was the case?
The dispute involved two adjoining projects developed by the same developer. Arya Hamsa was developed first, while Arya Hamsa Grande came up later on adjoining land. Although the projects had separate approvals and development arrangements, certain facilities were intended to be shared.
Two Arya Hamsa apartment owners challenged this arrangement before the Karnataka Real Estate Regulatory Authority (RERA), claiming that the common facilities were meant exclusively for their project.
Karnataka RERA rejected their complaint, as did the RERA Appellate Tribunal. The homeowners subsequently approached the High Court. Business Standard reported that the High Court dismissed their appeal.
Registered sale deed was crucial
The High Court's decision centred on the registered sale deeds executed between the developer and apartment buyers. The documents specifically provided for sharing of certain amenities.
Subrata Mukherjee, partner at SNG & Partners, told Business Standard: “The registered sale deed was central to the Karnataka High Court’s decision.” He explained that the buyers' claim failed because they had agreed to the shared arrangement through their registered documents.
DON'T MISS: Realty check: Ghaziabad sees prices drop by 17%; Faridabad, Noida & Delhi post sharp gains
The court also rejected arguments that the arrangement violated Section 11 of the Transfer of Property Act, 1882. It distinguished ownership of an individual apartment from rights over common facilities. Owning a flat does not automatically mean having exclusive rights over every amenity associated with the development.
Consent matters for buyers
The ruling also highlights the principles of consent, estoppel and approbate and reprobate. In simple terms, a buyer who accepts the benefits of an agreement cannot later reject an obligation contained in the same agreement.
Advocate Divya Alexander of D. M. Harish & Co. LLP told Business Standard that these principles were important to the court's reasoning.
The homeowners had also argued that the sharing arrangement was uncertain under Section 29 of the Indian Contract Act. The High Court rejected this contention, finding that the registered sale deeds clearly recorded the relevant terms.
What does this mean for homebuyers?
The judgment sends a clear message to property buyers: do not assume that every amenity within a housing project is exclusively available to its residents.
Manu Kumar Jha of PSL Advocates & Solicitors told Business Standard that buyers should examine the contractual documents to understand whether facilities are shared with other phases or projects.
B. Shravanth Shanker, managing partner at B. Shanker Advocates LLP, similarly said apartment ownership does not automatically create exclusive rights over common amenities when the sale deed expressly provides for shared use.
ALSO READ: Housing prices rise 6% YoY despite sales dip; Gurugram, Noida lead Delhi-NCR real estate growth
Check these documents before buying
For buyers, the ruling makes legal due diligence particularly important. Before purchasing a flat, buyers should check:
- Sale deed: Look for clauses governing common areas and shared amenities.
- Project documents: Check whether the property is part of a larger, multi-phase development.
- Amenity rights: Verify who can access clubhouses, roads, parking and recreational facilities.
- RERA documents: Compare promised amenities with legally registered project documents.