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Start Free TrialState of Arunachal Pradesh Act, 1986 Section 45
Title: Amendment of Act 84 of 1971
State: Central
Year: 1986
On and from the appointed day. in the North-Eastern Council Act, 1971, (a) in section 2, for clauses (b) and (c), the following clause shall be substituted, namely :" (b) "north-eastern area" means the area comprising the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura;" (b) in section 3, in sub-section (1), for clause (b), the following clause shall be substituted, namely : "(b) the Chief Ministers of the States of Arunachal Pradesh, Assam, Manipur, Meghalaya. Mizoram, Nagaland and Tripura."
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 18
Title: Action
State: Central
Year: 1986
(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.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 26
Title: Removal of Doubts
State: Central
Year: 1986
For the removal of doubts, it is hereby declared that the provisions of the Transfer of Property Act, 1882, 4 of 1882 shall, in so far as they are not inconsistent with the provisions of this Act, apply to the transfer of any apartment, together with its undivided interest in the common areas and facilities appurtenant thereto, made by the owner of such apartment, whether such transfer is made by sale, lease, mortgage, exchange, gift or otherwise, as they apply to the transfer of any immovable property.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 25
Title: Power to Exempt Stamp Duty, Registration Fee and Court Fees and Power to Refund
State: Central
Year: 1986
(1) The Central Government may, by notification in the Official Gazette, reduce or remit, whether prospectively or retrospectively from a date not earlier than the date of commencement of this Act,-- (a) the stamp duty with which, under any law relating to stamp duty for the time being in force, instruments or documents executed by or on behalf of a promoter, apartment owner or Association of Apartment Owners relating to any of the purpose of this Act are respectively chargeable; (b) any fee payable by or on behalf of any promoter, apartment owner or Association of Apartment Owners in relation to instruments or documents referred to in clause (a) under any law relating to registration of documents or to court fees, for the time being in force, and which the Central Government is competent to levy. (2) The Central Government may refund the amount of any duty or fee paid in pursuance of any law referred to in sub-section (1) in such circumstances, to such extent and subject to such terms and conditions, if any, as that Government may, by order, determine.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 24
Title: Act to Be Binding on Apartment Owners, Tenants Etc.
State: Central
Year: 1986
(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any contract, undertaking or other instrument and all apartment owners, tenants of owners, employees of owners and tenants, or any other person who may, in any manner, use the property or any part thereof to which this Act applies, shall be subject to the provisions of this Act and the bye-laws and the rules made thereunder: Provided that nothing contained in this sub-section shall affect the right, title or interest acquired by any allottee or other person in common areas and facilities from any promoter on or before the 28th day of February, 1986. (2) All agreements, divisions and determinations lawfully made by the Association of Apartment Owners in accordance with the provisions of the Act and the bye-laws shall be deemed to be binding on all apartment owners.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 23
Title: Joint and Several Liability of Vendor, Etc., for Unpaid Common Expenses
State: Central
Year: 1986
(1) Upon the sale, bequest or other transfer of an apartment, the purchaser of the apartment or the grantee or legatee or the transferee, as the case may be, shall be jointly and severally liable with the vendor or the transferor for all unpaid assessments against the vendor or transferor for his share of the common expenses up to the time of the sale, bequest or other transfer, without prejudice to the right of the purchaser, grantee, legatee or transferee to recover from the vendor or the transferor any amount paid by the purchaser, grantee, legatee or transferee therefor. (2) Any purchaser, grantee, legatee or transferee referred to in sub-section (1) shall be entitled to a statement from the Board or Manager setting forth the amount of the unpaid assessment against the vendor or transferor, as the case may be, and such purchaser, grantee, legatee or transferee shall not be liable for, nor shall the apartment be sold subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such sale, bequest or other transfer, in excess of the amount set forth in the statement.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 22
Title: Separate Assessments
State: Central
Year: 1986
(1) Notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and its percentage of undivided interest in the common areas and facilities appurtenant to such apartment (including an apartment in respect of which the provisions of this Act were applied under the proviso to section 2 shall be deemed to be separate property for the purpose of assessment of tax on lands and buildings leviable under such law and shall be assessed and taxed accordingly; and for this purpose a local authority shall make suitable regulations to carry out the provisions of this section. (2) Neither the multi-storeyed building nor the property nor the common areas and facilities referred to in sub-section (1), shall be deemed to be separate properties for the purpose of the levy of such taxes.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 21
Title: Common Expenses to Be a Charge on the Apartment
State: Central
Year: 1986
All sums assessed by the Association of Apartment Owners, but unpaid for the share of the common expenses chargeable to any apartment, shall constitute a charge on such apartment prior to all other charges except only-- (i) the charge, if any, on the apartment for payment of Government and municipal taxes; and (ii) all the sums unpaid on a first mortgage of the apartment.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 20
Title: Apartment Owner Not to Be Exempt from Liability for Contribution by Waiver of the Use of the Common Areas and Facilities
State: Central
Year: 1986
No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use of enjoyment of any of the common areas and facilities, or by the abandonment of his apartment.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 19
Title: Common Profits, Common Expenses and Other Matters
State: Central
Year: 1986
(1) 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 of the apartment owners in the common areas and facilities. (2) Where the apartment owner is not in the occupation of the apartment owned by him, the common expenses payable by such apartment owner may be recovered from the person in the occupation of the apartment.
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