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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.

Delhi 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......

Karnataka 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.

Karnataka 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.

West 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.....

Exemptions from Land Revenue (No.1) Act, 1863 Complete Act

State: Maharashtra

Year: 1863

.....This Schedule is printed as an Appendix to the Bombay General Clauses Act, 1904 (Bom. 1 of 1904).) [* * *], they shall be required to furnish satisfactory security for the payment of the assessment of the land, in case of their failure to prove the title to exemption asserted by them; and, in default of their furnishing such satisfactory security, the full assessment of the land which is to be the subject of inquiry shall be levied pending the adjudication. Refund of assessment with interest, if holder prove title:-Clause 2nd- If the inquiry result in the establishment of the asserted title, the holder, or, in the event of his decease, his heir who succeeds to possession of the said lands, shall be entitled to a refund of any assessment levied under the provisions of this section, pending such inquiry as aforesaid and to interest thereon at the rate of five per cent., per annum. Full amount of land-revenue to be paid if holder fail to prove title:-Clause 3rd- If the result of the inquiry be that the holder fail to prove his title, the full amount of land revenue assessable on the lands from the date of the holder's demand for trial shall be levied from the said holder.....

The Assam Apartments (Construction and Transfer of Ownership) Act, 2006 Complete Act

State: Assam

Year: 2006

.....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 be used for residential, commercial or business or such other type of independent use as may be prescribed and with a direct exit to a public street, road, or highway or to a common area leading to such street, road, or highway; (b) "Association of Apartment Owner" or "Society of Apartment Owner" means the Association formed in accordance with the provisions made in the bye-laws; (c) "building" means any construction for whatsoever purpose and of whatsoever materials and every part thereof, whether used as human habitation or not and includes plinth walls, chimney, drainage work, fixed platforms, verandah, balcony, cornice or projection or anything affixed thereto or any walls, earth bank, fence or other construction enclosing or delimiting.....

The 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.....

The Mahe Land Reforms Act, 1968 Complete Act

State: Pondicherry

Year: 1968

.....site" means any land (not being a kudiyiruppu or a kudikidappu) which is used principally for the purposes of any trade, commerce, industry, manufacture or business; (6) "Court" means where a particular court is not specifically mentioned, the court having jurisdiction, under the law for the time being in force relating to civil procedure, to entertain the suit for the possession of the holding or part thereof to which any legal proceeding under this Act relates; (7) "cultivate" with its grammatical variations means cultivate either solely by one's own labour or with the help of the members of his family or hired labourers or both, or personally direct or supervise cultivation by such members or hired labourers or both, provided that such members or hired labourers have not agreed to pay or to take any fixed proportion or the produce of the land they cultivate as compensation for being allowed to cultivate it or as remuneration for cultivating it. Explanation. - For the purposes of this clause, "members of family" shall mean,- (i) In the case of lands held by a joint family, members of such family; and (ii) in any other case, wife or husband, as the case may be, and.....

Delhi 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.....