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Start Free TrialDelhi 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.....
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 5
Title: Apartment to Be Heritable and Transferable
State: Central
Year: 1986
Subject to the provisions of section 6, each apartment, together with the undivided interest in the common areas and facilities appurtenant to such apartment, shall, for all purpose constitute as a heritable and transferable immovable property within the meaning of any law for the time being in force, and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner Whatsoever in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings, remedy and to penalty, forfeiture or punishment as any other immovable property or make a bequest of the same under the law applicable to the transfer and succession of immovable property; Provided that where the allotment, sale or other transfer of any apartment has been made by any group housing co-operative society in favour of any member thereof, the transferability of such apartment and all other matters shall be regulated by the law applicable to such group housing co-operative society......
View Complete Act List Judgments citing this sectionKarnataka Land Reforms Act, 1961 Section 24
Title: Rights of Tenant to Be Heritable
State: Karnataka
Year: 1961
1[24. Rights of tenant to be heritable Where a tenant dies the landlord shall be deemed to have continued the tenancy to the heirs of such tenant on the same terms and conditions on which such tenant was holding at the time of his death.] ______________________________________ 1. Substituted by Act 1 of 1974 w.e.f. 1.3.1974.
View Complete Act List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Section 101
Title: Occupancy Right Transferable and Heritable
State: Karnataka
Year: 1964
Subject to the provisions contained in section 87, and to any conditions lawfully annexed to the tenure and save as otherwise prescribed by law, an occupancy shall be deemed to be a heritable and transferable property.
View Complete Act List Judgments citing this sectionWest Bengal Municipal Act, 1993 Complete Act
State: West Bengal
Year: 1993
.....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 referred to in sub-section (1) of S.20 of the Code of Criminal Procedure, 1973; 55. Clauses (15B) and (15C) ins. by W.B. Act 32 of 1997. (15B) "District Planning Committee" means the District Planning Committee constituted under sub-section (1) of S.3 of the West Bengal District Planning Committee Act, 1994, and includes the Siliguri Sub-Division Planning Committee; 55. Clauses (15B) and (15C) ins. by W.B. Act 32 of 1997. (15C) "Draft Development Plan" means the Draft Development Plan prepared under section 297; (16) "drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sullage, sewage, offensive matter, polluted water, rain-water or subsoil water; (17) "drug" means any substance used as medicine or in the composition or preparation of medicines, whether for internal or external use, but does not include a drug within the.....
List Judgments citing this sectionExemptions from Land Revenue (No.1) Act, 1863 Complete Act
State: Maharashtra
Year: 1863
.....and who have dispensed with an inquiry into such title, the said lands shall (subject to the enactments contained in Section 3 (The words "of this Act" were repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of 1886), Schedule B. This Schedule is printed as an Appendix to the Bombay General Clauses Act, 1904 (Bom.1 of 1904).) [* * *]) be the heritable and transferable property of the said holders, their heirs and assigns, without restriction, as to adoption, collateral succession or transfer; and such lands shall thenceforth be continued, in perpetuity subject to an annual (The words "payment to the Provincial Government" were substituted for the words "payment to Government" by the Adaptation of Indian Laws Order in Council.) [payment to the Provincial Government]. Such payment shall consist of- (1) a fixed annual payment as nazrana, in commutation of all claims [of the Crown] in respect of succession and transfer, and shall be calculated at the rate of the one anna for each rupee of assessment; (2) of a quit-rent equal to one-fourth of the assessment. The said assessment shall be ascertainable under the following rules:- Rules for ascertaining amount of.....
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 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 sectionThe Mahe Land Reforms Act, 1968 Complete Act
State: Pondicherry
Year: 1968
.....Power to make rules. 139. Limitation. 140. Repeal and savings. THE MAHE LAND REFORMS ACT, 1968 (Act No.1 of 1968) 22nd March, 1968 AN ACT To enact a comprehensive legislation relating to land reforms in Mahe region of the Union Territory of Pondicherry. WHEREAS it is expedient to enact a comprehensive legislation relating to land reforms in the Mahe region of the Union territory of Pondicherry; BE it enacted by the Legislative Assembly of Pondicherry in the Nineteenth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the Mahe Land Reforms Act, 1968. (2) It extends to the whole of Mahe region of the Union territory of Pondicherry. The Act came into force from 22nd March, 1968 vide Extraordinary Gazette No.23, dated 22nd March, 1968. (3) The provisions of this Act, except this section which shall come into force at once, shall come into force on such date as the Government may, by notification in the Official Gazette, appoint; Provided that different dates may be appointed for different provisions of this Act, and any reference to the commencement of this Act in.....
List Judgments citing this sectionDelhi 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.....
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