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Start Free TrialDelhi 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.....
List Judgments citing this sectionThe Assam Apartments (Construction and Transfer of Ownership) Act, 2006 Complete Act
State: Assam
Year: 2006
.....different areas, cities and towns or group of areas or cities or towns as the Government may deem fit and proper. Section 2 - Application of the Act (1) This Act shall apply to every apartment and/or building defined as such under Section 3 of this Act: Provided that sole owner or all the owners of every such building shall submit the same to the provisions of this Act by duly executing and registering a declaration setting out the particulars referred to in Section 12. (2) This Act shall also apply to all the promoters/builders/ land owners/purchasers and construction of all apartment buildings undertaken by such promoters/builders/land owners/ purchasers who are required to execute and submit declaration before the Competent Authority in such manner as may be prescribed that he intends to submit the property wherein the apartment is or to be located, to the provisions of this Act. Section 3 - Definitions In this Act unless the context otherwise requires- (a) "apartment" means part of a property intended for any type of independent use, including one or more rooms or enclosed spaces located on one more floor or part or parts thereof in a building intended to.....
List Judgments citing this sectionThe Chhattisgarh Prakoshtha Swamitva Adhiniyam, 1976 Complete Act
State: Chattisgarh
Year: 1976
.....dates as the State Government may, by notification, appoint and different dates may be appointed for different areas. Section 2 - Application of Act This Act applies only to property, the sole owner or all of the owners of which submit the same to the provisions of this Act by duly executing and registering a declaration as hereinafter provided : (Substituted by M.P. Act No. 39 of 1981, w.e.f. 4-11-1981.) [Provided that the sole owner or all the owners of the land may submit such land to the provisions of this Act with a condition that he or they shall grant a lease of such land to the apartments owners, terms and conditions of the lease being disclosed in the declaration either by annexing a copy of the instrument of lease to be executed to the declaration or otherwise.] Section 3 - Definitions In this Act, unless the context otherwise requires :-- (a) "apartment" means a part of the property intended for any type of independent use including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, (Omitted by M.P. Act No. 39 of 1981, w.e.f. 4-11-1981.) [***] with a direct exit to a public street, road or highway.....
List Judgments citing this sectionThe 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.....
List Judgments citing this sectionMaharashtra Apartment Ownership Act, 1970 Complete Act
State: Maharashtra
Year: 1970
.....may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas. SECTION 02: APPLICATION OF ACT This Act applies only to property, the sole owner or all the owners of which submit the same to the provisions of this Act by duly executing and registering a declaration as hereinafter provided: Provided that, no property shall be submitted to the provisions of this Act,3[unless it is used or proposed to be used for residence, office, practice of any profession or for carrying on any occupation, trade or business or for any other type of independent use :] 4[Provided further that the sole owner or all the owners of the land may submit such land to the provisions of this Act with a condition that he or they shall grant a lease of such land to the apartment owners, terms and conditions of the lease being disclosed in the Declaration either by annexing a copy of the instrument of lease to be executed to the Declaration or otherwise.] SECTION 03: DEFINITIONS In this Act, unless the context otherwise requires, - (a) "apartment" means a part of the property intended for any type of independent use, including one or more rooms or.....
List Judgments citing this sectionThe Orissa Apartment Ownership Act, 1982 Complete Act
State: Orissa
Year: 1982
..... Provided also that, 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, against the apartment or any other 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 owner of any apartment in the case of emergency repairs thereto. Labour performed and materials furnished for the common areas and facilities, if duly authorised by the Association of Apartment owners, the Manager of Board of Managers in accordance with this Act, the Declaration or the bye-laws, shall be deemed to be performed or furnished with the express consent of each apartment owner and sha ll 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 (2). (2) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartment may remove.....
List Judgments citing this sectionThe Punjab Apartment Ownership Act, 1995 Complete Act
State: Punjab
Year: 1995
.....to the exclusion of the other apartments ; (r) "local authority" means a corporation constituted under section 4 of the Punjab Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976), a committee constituted under section 12 of the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911) or any other authority notified by the State Government for the purposes of this Act ; (s) "majority" or "majority of apartment owners" means the apartment owners with fifty one per cent or more the votes in accordance with the percentage assigned in the conveyance deeds of apartments for voting purposes ; (t) "person", includes company, firm, co-operative society, joint family and an incorporated body of persons ; (u) "prescribed" means prescribed by rules made under this Act ; (v) "promoter" means the person who constructs or causes to be constructed a building consisting of apartments or who converts an existing building or a part thereof into apartments for the purpose of selling all or some of the apartments to other persons and includes his assigns and where the person who constructs or converts a building and the person who sells are different persons, the term includes both of them ; .....
List Judgments citing this sectionSpecial Rules for the Multistoreyed and Public Buildings, 1974 Complete Act
State: Tamil Nadu
Year: 1974
.....use of sites as multi-storeyed buildings in the City of Madras, the same having been previously published by clause (a) of section 348 of the said act " RULES 1. SHORT TITLE, EXTENT AND COMMENCEMENT.-- (1) These rules may be called the Special Rules for the Multi-storeyed and Public Buildings, 1974. (2) They shall extend to the City of Madras. (3) They shall come into force at once. 2. DEFINITIONS."In these rules, unless there is anything repugnant to the subject or context" (1) "Corporation" means the Madras City Municipal Corporation" (2) "Floor Area Ratio" means the quotient obtained by dividing the total covered area (plinth area) on all floors and 100 by the area of the plot: Total Covered area of all floors X 100 Floor Area Ratio = Plot area (3) "Height of buildings" means the height measured from the average level of the central line of the street on which the site abuts "- (a) in the case of pitched roof, up to skyward surface of the roof. (4) "Multi-storeyed Buildings" means and includes all buildings with more than four floors (including the ground floor) or whose height is 15 metres or more measured from the average level of the central line of the street on which.....
List Judgments citing this sectionThe Tripura Apartment Ownership Act, 1986 Complete Act
State: Tripura
Year: 1986
THE TRIPURA APARTMENT OWNERSHIP ACT, 1986 THE TRIPURA APARTMENT OWNERSHIP ACT, 1986 An Act To provide for the ownership of an individual apartment and to make such apartment heritable and transferable property. Whereas it expedient to provide for the ownership of an individual apartment and to make such apartment heritable and transferable property and to provide for matters connected therewith. It is herby enacted in the thirty seventh year of the Republic of India by Legislature of Tripura as follows : Short title extent and commenceinent. 1. (1) This Act may be called the Tripura Apartment Ownership Act, 1986. (2) It extends to the whole of the State of Tripura. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force in such areas, and on such dates as the State Government may, by notification in the Official Gazette appoint ; and different dates may be appointed for different areas. Application of the Act. 2. This Act applies only to property, the sole owner or all the owners of which submit the same to the provisions of this Act by duly executing and registering a Declaration setting out the.....
List Judgments citing this sectionWest Bengal Apartment Ownership Act, 1972 Complete Act
State: West Bengal
Year: 1972
.....Official Gazette, appoint; and different dates may be appointed for different areas. Section 2 Application of the Act 11.Section 2 subs, by W.B. Act 21 of 1992. This Act shall apply to every building which is used, or is proposed to be used, mainly for residential purposes: Provided that the sole owner or all the owners of every such building shall submit the same to the provisions of this Act by duly executing and registering a Declaration setting out the particulars referred to in section 10 Provided further that the State Government may exempt by any general or special order any such owner from submitting such building to the provisions of this Act. Section 3 Definitions In this Act, unless the context otherwise requires, (a) "apartment" means part of a property having a direct exit to a road, street or highway or to a common area leading to such road, [residential unit, and includes a flat.] 1b1b. Explanation added by W.B. Act 28 of 1996. Explanation. "Flat" shalll mean a separate residential unit, whether self-contained or not, used or intended to be use for any of the purposes referred to in sub-clauses (a) to (i) of clause (2) of section 390 of the Calcutta.....
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