Bare Act Search Results

Delhi Apartment Ownership Act, 1986 Complete Act

State: Central

Year: 1986

.....or sub-divided. (2) No labour performed or material furnished with the consent, or at the request, of an apartment owner or his agent or his contractor or subcontractor, shall be the basis for a charge or any encumbrance under the provisions ofthe Transfer of Property Act, 1882 (4 of 1882)-, against the apartment or property of any other apartment owner not expressly consenting to, or requesting the same, except that such express consent shall be deemed to be given by the other apartment owner in the case of emergency repairs thereto. (3) The labour performed and material furnished for the common areas and facilities, if duly authorised by the Association of Apartment Owners in accordance with the provisions of this Act, or the bye-laws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the apartments and shall be subject to the provisions of sub-section (4). (4) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartments may remove their apartments and the.....

The Delhi Apartment Ownership Act, 1986 Complete Act

State: Delhi

Year: 1986

.....document which ascertains the rights and liabilities of the parties to the deed. Failure to comply with the terms of the agreement shall attract legal action by the aggrieved party. 8. Right of re-entry (1) Where any land is given on lease by a person (hereafter in this section referred to as the lessor) to another person (hereafter in this section referred to as the lessee, which term shall include a person in whose favour a sub-lease of such land has been granted), and any multistoreyed building has been constructed on such lease-hold land by the lessee or by any other person authorized by him or claiming through him, such lessee shall grant in respect of the land as many sub-leases s there are apartments in such multi-storeyed building and shall execute separate deeds of sub-lease in respect of such land in favour of each apartment owner.- (a) in the case of multi-storeyed building constructed before the commencement of this Act, within three months from such commencement; or (b) in the case of a multi-storeyed building constructed after the commencement of this Act, within three months from the date on which the possession of any apartment in such.....

Delhi Apartment Ownership Act, 1986 Chapter II

Title: Ownership, Heritability and Trasferability of Apartments

State: Central

Year: 1986

.....or sub-divided. (2) No labour performed or material furnished with the consent, or at the request, of an apartment owner or his agent or his contractor or sub-contractor, shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882, 4 of 1982 against the apartment or property of any other apartment owner not expressly consenting to, or requesting the same, except that such express consent shall be deemed to be given by the other apartment owner in the case of emergency repairs thereto. (3) The labour performed and material furnished for the common areas and facilities, if duly authorised by the Association of Apartment Owners in accordance with the provisions of this Act or the bye-laws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the apartments and shall be subject to the provisions of sub-section (4). (4) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartments may remove their apartments and the.....

Delhi Apartment Ownership Act, 1986 Section 6

Title: Ownership of Apartment Subject to Conditions

State: Central

Year: 1986

Where any allotment, sale or other transfer of any apartment has been made, whether before or after the commencement of this Act, in pursuance of any promise of payment, or part payment, of the consideration thereof, the allottee or transferee, as the case may be, shall not become entitled to the ownership and possession of that apartment on to a percentage of undivided interest in the common areas and facilities apurtenant to such apartment, until full payment has been made of the consideration thereof together with interest, if any due thereon, and where any such allottee or transferee has been inducted into the possession of such apartment or any part thereof in pursuance of such allotment or transfer, he shall, until the full payment of the consideration has been made, continue to remain in possession thereof on the same terms and conditions on which he was so inducted into possession of such apartment of part thereof.

Delhi Apartment Ownership Act, 1986 Chapter III

Title: Deed of Apartment and Its Registration

State: Central

Year: 1986

.....Act, 1908. (2) In all registration officers, a book called Register of Deeds or Apartments under the Delhi Apartment Ownership Act, 1986 and an index relating thereto shall be kept in such form and shall contain such particulars as may be prescribed. (3) Whenever any endorsement on a Deed of Apartment is registered, the concerned Registrar shall forward a certified copy thereof to the competent authority to enable that authority to make necessary entries in the certified copy of the concerned Deed of Apartment filed with it under sub-section (2) of section 13. (4) Any person acquiring any apartment shall be deemed to have notice of the contents of the Deed of Apartment and the endorsement, if any, thereon as from the date of its registration under this section.

Delhi Apartment Ownership Act, 1986 Section 13

Title: Contents of Deed of Apartment

State: Central

Year: 1986

.....shall decide be same, and for this purpose, such authority shall have the powers of a civil court, while trying a suit, and its decision shall have effect of a decree and shall be appealable as if it were a decree passed by the principal civil court of original jurisdiction. (5) Whenever any succession to an apartment has been recorded by the competent authority under sub-section (4), such authority shall send a true copy of such record, to the concerned Registrar for registration thereof in accordance with the provisions of section 14. (6) Each the removal of doubts, it is hereby declared that the provisions of this section shall be in addition to and in derogation of, the provisions of any other law, for the time being in force, relating to the transfer of immovable property.

Delhi Apartment Ownership Act, 1986 Chapter I

Title: Preliminary

State: Central

Year: 1986

.....and register a Deed of Apartment in accordance with the provisions of this Act, as if such owner were the promoter in relation to such building. Section 3 - In this Act, unless the context otherwise requires, (a) "Administrator?means the Administrator of the Union territory of Delhi appointed by the President under article 239 of the Constitution; (b) "allottee? in relation to an apartment, means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter; (c) "apartment?means a part of any property, intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or any parts thereof, in a multi-storeyed building to be used for residence or office or for the practice of any profession, or for the carrying on of any occupation, trade or business or for such other type of independent use as may be prescribed, and with a direct exist to a public street, road or highway, or to a common area leading to such street, road or highway, and includes any garage or room (whether or not adjacent to the multi-storeyed building in which such apartment is located) provided by the promoter for.....

Delhi Apartment Ownership Act, 1986 Section 3

Title: In This Act, Unless the Context Otherwise Requires,

State: Central

Year: 1986

.....a declaration has been made under the proviso to section 2; (t) "owner" in relation to an apartment, includes, for the purpose of this Act, a lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more; (u) "person" includes a firm and a joint family, and also includes a group housing co-operative society; (v) "prescribed" means prescribed by rules made under this Act; (w) "promoter" means the authority, person or co-operative society, as the case may be, by which, or by whom, any multistoreyed building has been constructed; (x) "properly" means the land, the multi-storeyed building, all improvement and structures thereon, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith.

Delhi Apartment Ownership Act, 1986 Chapter VI

Title: Miscellaneous

State: Central

Year: 1986

.....in accordance with which compensation, to be paid for the ejectment of an apartment owner from his apartment, shall be determined as required by sub-section (7) of section 8; (f) the form and manner in which, and the period within which, an instrument referred to in clause (b) of section 9, shall be executed and registered; (g) the form in which the Register of Deeds of Apartments under the Delhi Apartment Ownership Act, 1986 and the index relating thereto shall be kept and the particulars which such Register shall contain as required by sub-section (2) of section 14; (h) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both House agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or.....

Delhi Apartment Ownership Act, 1986 Section 24

Title: Act to Be Binding on Apartment Owners, Tenants Etc.

State: Central

Year: 1986

(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any contract, undertaking or other instrument and all apartment owners, tenants of owners, employees of owners and tenants, or any other person who may, in any manner, use the property or any part thereof to which this Act applies, shall be subject to the provisions of this Act and the bye-laws and the rules made thereunder: Provided that nothing contained in this sub-section shall affect the right, title or interest acquired by any allottee or other person in common areas and facilities from any promoter on or before the 28th day of February, 1986. (2) All agreements, divisions and determinations lawfully made by the Association of Apartment Owners in accordance with the provisions of the Act and the bye-laws shall be deemed to be binding on all apartment owners.