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Home Bare Acts Phrase: appurtenantDelhi Apartment Ownership Act, 1986 Complete Act
State: Central
Year: 1986
.....growth of buildings. Multi-storeyed residential buildings, integrated development of commercial institutional and industrial areas and flatted factories have resulted in a marked increase in the number of multi-storeyed buildings in Delhi containing ft number of apartments, sharing land and other common facilities. In the case of flats constructed by agencies like the Delhi Development Authority, while the super-structure is conveyed to the allottee, the land is conveyed to a registered agency and the allottees jointly which, apart from separating the ownership of land and super-structures, interposes the registered agency in future transfers of properties. In the case of co-operative societies, difficulties are experienced in obtaining loans in the absence of a mortgageable title in an apartment constructed on indivisible land, the title to which rests in the society. The exist- ing arrangements also involve the intervention of the Government and agencies like the Delhi Development Authority in the litigation or dispute regarding management of common areas which arise between the lessees and the buyers of the apartments. The legislation therefore proposes to meet the.....
List Judgments citing this sectionThe Delhi Apartment Ownership Act, 1986 Complete Act
State: Delhi
Year: 1986
.....of undivided interest in the common areas and facilities appurtenant to such apartment. (5) On any such payment, discharge or other satisfaction, referred to in sub-section (4), the apartment and the percentage of undivided interest in the common areas and the facilities appurtenant thereto shall be free and clear of the charge or encumbrance, so paid, satisfied or discharged. COMMENTS Any work that may diminish the value of the property is prohibited within the apartment, without the written consent of all the owners. The owner may create encumbrances in respect of the apartment along with his undivided interest in the common area. A charge created over the common area can be removed on payment proportional amounts attributable to each of the apartments affected by such encumbrance. However the right of the person holding charge is not barred from enforcing it. CHAPTER III DEED OF APARTMENT AND ITS REGISTRATION 13. Contract of Deed of Apartment (1) Whenever any allotment, sale or other transfer of any apartment is made the promoter shall, (a) in the case of an allotment, sale or other transfer made after the commencement of this Act, within there months.....
List Judgments citing this sectionThe Jharkhand Municipal Act, 2011 Complete Act
State: Jharkhand
Year: 2011
.....Government in relation to a Municipal Council, or the Nagar Panchayat, the Executive Officer of the Municipal Council or the Nagar Panchayat; (47) "Factory" means a factory as defined in the Factories Act, 1948; (48) "Filth" means (a) night soil or other contents of latrines, cesspools and drains; (b) dirt, dung, refuse, useless or offensive materials thrown out in consequence of any process of manufacture, industry or trade; and (c) putrid or putrifying substance, (49) "Finance Commission" means the State Finance Commission constituted under Article 243-I of the Constitution of India and referred to in section 97 of this Act; (50) "Food" includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into, or is used in the composition or preparation of, human food, and also includes confectionery, flavouring and colouring matters, spices and condiments; (51) "Footpath" means a pavement, for use by pedestrians; (52) "Goods" include animals; (53) "Government" means the State Government of Jharkhand; (54) "Holding" means land held under one title or agreement and surrounded by one set of boundaries: Provided that, where two.....
List Judgments citing this sectionThe Punjab Apartment Ownership Act, 1995 Complete Act
State: Punjab
Year: 1995
.....the charge or encumbrance by making payment of the proportional amount attributable to his apartment. (5) On the payment, discharge or other satisfaction referred to in sub-section (4), the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid, discharged or satisfied: Provided that such part payment shall not prevent the person having a charge or encumbrance from proceeding to enforce the right, in relation to the amount still outstanding against any other apartments not so free of the charge or encumbrance. CHAPTER III CONVEYANCE DEED OF APARTMENT AND ITS REGISTRATION Conveyance deed of apartment. 14.(1) Whenever any allotment, sale or other transfer or an apartment is made by the promoter to the allottee, the promoter and the allottee shall, as the party in the first part and party in the second part respectively, within three months from the date of such allotment, sale or other transfer, execute a conveyance deed of apartment, containing the following particulars, namely,- (a) the name, address and other particulars of the allottee; (b) the.....
List Judgments citing this sectionThe Coimbatore City Municipal Corporation Act, 1981 Complete Act
State: Tamil Nadu
Year: 1981
.....any farm, cattle shed, milk-store, milk-shop or other place from which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curd, butter-milk or dried, sterilized or condensed milk; and (b) in relation to a diary man who does not occupy any premises for the sale of milk, any place in which he keeps the vessels, used by him for the storage or sale of milk but does not include " (i) a shop or place in which milk is sold for consumption on the premises only: or (ii) a shop or place from which milk is sold or supplied for sale in airtight and hermetically sealed and unopened receptacles in the same original condition in which it was first received in such shop or place; (14) "dairy man" includes any occupier of a dairy, any cow-keeper who trades in milk or any seller of milk whether wholesale, or by retail; (15) "dairy produce" includes milk, butter, ghee, cheese, cream, curd, butter-milk and any and every product of milk; (16) "date of commencement of this Act" means the date appointed under sub section (3) of section 1 : (17) "filth" means " (a) nightsoil and other contents of latrines,.....
List Judgments citing this sectionThe Mizoram Municipalities Act, 2007 Complete Act
State: Mizoram
Year: 2007
.....by one set of boundaries; Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purpose of the Act; Explanation: Holdings separated by a street or other means of communication shall he deemed to be adjoining within the meaning of this proviso; (31) "house-drain" means any drain of one or more premises used for the drainage of such premises; (32) "house gully" a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or of affording access to a privy, urinal cesspool or other receptacle for filth or polluted matter to municipal employees or to persons employed in the cleansing thereof or in the removal of such matter therefrom, and includes the air space above such passage or land; (33) "house" means a building for human occupation whether as a residence or otherwise, having a separate principal entrance from the common way and includes any shop, warehouse or workshop; (34) "hut" means any building constructed principally of wood, mud, leaves, grass or.....
List Judgments citing this sectionThe Madurai City Municipal Corporation Act, 1971(Tamil Nadu Act Xv of 1971) Complete Act
State: Tamil Nadu
Year: 1971
.....or other place from which milk is sold or supplied for sale, or in which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curd butter-milk or dried, sterilized or condensed milk; and (b) in relation to a dairy man who does not occupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage of sale of milk but does not include " (i) a shop or place in which milk is sold for consumption on the premises only; or (ii) a shop or place from which milk is sold or supplied for sale in airtight and hermetically sealed and unopened receptacles in the same original condition in which it was first received in such shop or place; (13) "Dairy man" includes any occupier of a dairy, any cow-keeper who trades in milk or any seller of milk whether wholesale, or by retail; (14) "Dairy Produce" includes milk, butter, ghee, cheese, cream, curd, butter-milk and any and every product of milk; (15) "Date of commencement of this Act" means the first day of May, 1971; (16) "Filth" means " (a) might soil and other contents of latrines, cesspools and drains; (b) dung and refuse or.....
List Judgments citing this sectionWest Bengal Municipal Act, 1993 Complete Act
State: West Bengal
Year: 1993
.....milk- shop or other place (a) from which milk is supplied on, or for, sale, or (b) in which milk is kept for the purposes of sale or used for manufacture or preparation for sale of (i) butter, or (ii) ghee, or (iii) cheese, or (iv) curds, or (v) dried, sterilized, condensed or toned milk, but does not include (a) a shop or other place in which milk is sold for consumption of the premises only, or (b) a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place; (14) "dairyman" includes any occupier of a dairy, or any cow-keeper who trades in milk, or any wholesale or retail seller of milk; (15) "dangerous disease" means (a) cholera, plague, small-pox, cerebro-spinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis and syphilis; and (b) any other epidemic, endemic, or infectious disease which the State Government may, by notification, declare to be a dangerous disease for the purposes of this Act; 44. Clause (15A) ins, by W.B. Act 45 of 1994. (15A) "District Magistrate" means the District Magistrate.....
List Judgments citing this sectionThe Chhattisgarh Prakoshtha Swamitva Adhiniyam, 1976 Complete Act
State: Chattisgarh
Year: 1976
.....payment shall be computed by reference to the percentage appearing in the declaration. Subsequent to any such payment, discharge or other satisfaction the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid, satisfied or discharged. Such partial payment, satisfaction or discharge shall not prevent the person having a charge or any other encumbrance from proceeding to enforce its rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged. Section 10 - Common profits and expenses The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities. Section 11 - Contents of declaration (1) The declaration shall contain the following particulars, namely :-- (Substituted by M.P. Act No. 39 of 1981, w.e.f. 4-11-1981.) [(a) description and nature of title of the land on which the building or.....
List Judgments citing this sectionThe Kerala Apartment Ownership Act, 1983 Complete Act
State: Kerala
Year: 1983
.....or encumbrance. (4) Payments under sub-section(3) shall be computed by reference to the percentages appearing in the declaration. (5) The satisfaction or discharge of any charge or encumbrance shall not prevent the person having any other charge or encumbrance from proceeding to enforce his rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto. 10. Common profits and expenses .-The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities. 11. Contents of Declaration .-(1) The declaration shall contain the following particulars, namely: (a) description of the land on which the building and improvements are, or to be, located: and whether the land is freehold or leasehold: (b) description of the building stating the number of storeys and basements, the number of apartments and the principal materials by which it is, or is to be, constructed; (c) the apartment number of each apartment and a statement of its location, approximate area, number of rooms.....
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