Bhubaneswar: Odisha Government in the Department of Housing & Urban Development has issued a Special Order providing significant relief to apartment owners facing difficulties in registering deeds of transfer.
The order, dated December 3, 2025 , was published in The Odisha Gazette Extraordinary and concerns compliance with the Odisha Apartment (Ownership and Management) Act 2023 (OAOM Act).
The order, issued by Shrimati Usha Padhee, Principal Secretary, Housing & Urban Development addresses the undue hardship faced by apartment owners who purchased their properties prior to October 5, 2016.
By issuing this order, Smt. Padhee, facilitated a critical administrative measure that provided relief to numerous apartment owners and was therefore seen as a pro-people action across the state.
Her official act of issuing the order signifies the State Government’s directive to address the undue hardship apartment owners were facing in registering their deeds of transfer
These owners were encountering difficulties in registering their deed of transfer, particularly during resale, due to stringent compliance and documentation requirements.
Specifically, subsequent resale of apartments required mandatory submission of the Occupancy Certificate, Odisha RERA registration Certificate, and Association of Allottees Registration Certificate under Section 8(2) read with Section 8(4) of the OAOM Act. The Government observed this requirement resulted in undue hardship, especially for apartments originally sold before the enforcement of the Real Estate (Regulation and Development) Act, 2016.
Exercising powers conferred by Section 35 of the OAOM Act, the State Government has now granted an exemption. The allottee or transferee for registration of sale deeds during resale or subsequent sale of apartments whose deed of transfer was executed before October 5, 2016, is exempted from submitting the documents required under Section 8(2) of the OAOM Act.
Such owners are now required to submit only the old Deed(s) of transfer or Registered Sale Deed(s) before the registering authority at the time of registration.
The new sale deed for resale must explicitly mention that the percentage of undivided interest in the Common Areas and Facilities shall be deemed to be conveyed or encumbered along with the apartment, to the Allottee or Transferee, even if such interest is not expressly mentioned in the earlier deed of transfer or sale deed.
Additionally, the new deed must mention that the undivided proportionate title in the Common Areas and Facilities appertaining to the Apartment shall be deemed to be conveyed to the Association of Allottees, even though such title is not expressly mentioned in the earlier deed.
The order also clarifies that any association of allottees or society already formed under any other law before the commencement of the OAOM Act shall be deemed valid only upon the adoption of bye-laws in accordance with Section 15 of the said Act.
The notification also states that the exemption shall not be construed as condoning any violation of building regulations, and any such violations shall remain subject to action under the applicable law.
This Special Order also rescinds the Notification issued by the Government in H&UD Department vide Gazette No.324 Dated the 1st February 2025.