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Delhi Apartment Ownership Act, 1986 Chapter II

Title: Ownership, Heritability and Trasferability of Apartments

State: Central

Year: 1986

.....such payment, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free of the charge or encumbrance so removed: Provided that such partial payment shall not prevent the person having a charge or any of the encumbrances from proceeding to enforce the rights in relation to the amount not so paid, against any other apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment. (5) On any such payment, discharge on 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 be free and clear of the charge or encumbrance, so paid, satisfied or discharged.

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Delhi Apartment Ownership Act, 1986 Chapter IV

Title: Association of Apartment Owners and Bye-laws for the Regulation of the Affairs of Such Association

State: Central

Year: 1986

.....and shall be divided amongst all the apartment owners in the percentage equal to the percentage of undivided interest owned by each apartment owner in the property after paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner. Section 18 - Action (1) Without prejudice to the rights of any apartment owner, action may be brought by the Board of Manager, in either case in the discretion of the Board on behalf of two or more of the apartment owners as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one apartment. (2) The service of process on two or more apartment owners in any action relating to the common areas and facilities or more than one apartment may be made on the person, designated in the bye-laws to receive service of process.

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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.

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Delhi Apartment Ownership Act, 1986 Section 15

Title: Association of Apartment Owners and Bye-laws Relating Thereto

State: Central

Year: 1986

.....of the property; (r) such other matters as are required to be, or may be, provided for in the bye-laws. (4) This bye-laws framed under sub-section (2) may also contain provisions, not inconsistent with this Act,-- (a) enabling the Board to retain certain areas of the building for commercial purposes and to grant lease of the areas so retained, and to apply the proceeds of such lease for the reduction of the common expenses for maintaining the building, common areas and facilities, and if any surplus is left after meeting such expenses, to distribute such surplus to the apartment owners as income; (b) relating to the audit of the accounts of the Association of Apartment Owners and of the Board, and of the administration of the property; (c) specifying the times at which, and the manner in which annual general meetings and special general meetings of the Association of Apartment Owners shall be held and conducted; (d) specifying the time at which and the manner in which, the annual report relating to the activities of the Association of Apartment Owners shall be submitted; (e) specifying the manner in which the income derived and expenditure incurred by the.....

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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.

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Delhi Apartment Ownership Act, 1986 Section 4

Title: Ownership of Apartment

State: Central

Year: 1986

.....sold or otherwise transferred to him. (3) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub-section (1) or sub-section (2) shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the Deed of Apartment and such percentage shall be computed by taking, as a basis, the value of the apartment in relation to the value of the property. (4) (a) The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character, and shall not be altered without the written consent of all the apartment owners. (b) The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument. (5) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, and any covenant to the contrary shall be.....

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Delhi Apartment Ownership Act, 1986 Section 12

Title: Encumbrances Against Apartments

State: Central

Year: 1986

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Apartment Ownership Act, 1972 Section 9

Title: Encumbrances Against Apartments; Removal From, Encumbrances, Effect of Part Payment

State: Karnataka

Year: 1972

.....and the percentage of undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the percentages 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 payments, satisfaction or discharge shall not prevent the person having a charge or any other encumbrance from proceeding to enforce his rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.

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Apartment Ownership Act, 1972 Section 13

Title: Declarations, Deeds of Apartments and Copies of Floor Plans to Be Registered

State: Karnataka

Year: 1972

.....Deed of Apartment in the Register of Declaration and Deeds of Apartments under the Karnataka Apartment Ownership Act, 1972 and shall also enter particulars in the Index kept under sub-section (3). Any person acquiring any apartment or any apartment owner shall be deemed to have notice of the Declaration and of the Deed of Apartment as from the date of its registration under this section. (6) Except as provided in this section, the provisions of the Registration Act, 1908, shall mutatis mutandis apply to the registration of such Declarations and Deeds of Apartments, and the words and expression used in the section but not defined in this Act shall have the meaning assigned to them in the Registration Act, 1908.

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Delhi Apartment Ownership Act, 1986 Complete Act

Title: Delhi Apartment Ownership Act, 1986

State: Central

Year: 1986

.....Section11 - Certain works prohibited Section12 - Encumbrances against apartments Chapter III Section13 - Contents of Deed of Apartment Section14 - Registration of Deed of Apartment Chapter IV Section15 - Association of Apartment Owners and bye-laws relating thereto Section16 - Insurance Section17 - Disposition of property, destruction or damage Section18 - Action Chapter V Section19 - Common profits, common expenses and other matters Section20 - Apartment owner not to be exempt from liability for contribution by waiver of the use of the common areas and facilities Section21 - Common expenses to be a charge on the apartment Section22 - Separate assessments Section23 - Joint and several liability of vendor, etc., for unpaid common expenses Chapter VI Section24 - Act to be binding on apartment owners, tenants etc. Section25 - Power to exempt stamp duty, registration fee and court fees and power to refund Section26 - Removal of doubts Section27 - Power to make rule

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