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Start Free TrialState of Arunachal Pradesh Act, 1986 Section 50
Title: Power to Remove Difficulties
State: Central
Year: 1986
(1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of three years from the appointed day. (2) Every order made under this section shall be laid before each House of Parliament.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 8
Title: Right of Re-entry
State: Central
Year: 1986
.....apartment owner as compensation. (11) Where any lessee omits or fails to take any action either in accordance with the provisions of sub-section (2) or sub-section (3) or sub-section (7), the lessor may, in the first instance, require the lessee by a notice in writing to take action against the defaulting apartment owner under sub-section (2) or sub-section (3) or, as the case may be, under sub-section (7), within a period of ninety days from the date of service of such notice, and in the event of the omission or failure of the lessee to do so within such period, the lessor may himself take action as contained in sub-section (2) or sub-section (3) or sub-section (7), and the provisions of sub-section (4) to sub-section (6) and sub-section (8) to sub-section (10), shall as far as may be, apply to any action taken by him as if such action had been taken by the lessee. (12) For the removal of doubts, it is hereby declared that no work in any apartment by the owner thereof shall be deemed to be a breach of the terms of the sub-lease in respect of the land on which the multistoreyed building containing such apartment has been constructed unless the work is prohibited by.....
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 16
Title: Insurance
State: Central
Year: 1986
(1) The Board or Manager-- (a) shall have, if requested so to do by a mortgagee having a first mortgage covering an apartment, the authority to, and (b) shall, if required so to do by the bye-laws or by a majority of the apartment owners, obtain insurance for the property against loss or damage by fire or other hazards under such terms and for such amounts as shall be so requested or required. (2) Such insurance coverage shall be written on the property in the name of such Board or Manager as trustee for each of the apartment owners in the percentages specified in the bye-laws. (3) The premia payable in respect of every such insurance shall be common expenses. (4) The provisions of sub-sections (1) to (3) shall be without prejudice to the right of each of the apartment owner to insure his own apartment for his benefit.
View Complete Act List Judgments citing this sectionDelhi 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.....
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 14
Title: Registration of Deed of Apartment
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.
View Complete Act List Judgments citing this sectionDelhi 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.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 12
Title: Encumbrances Against 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.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 11
Title: Certain Works Prohibited
State: Central
Year: 1986
No apartment owner shall do any work which would be prejudicial to the soundness or safety of the property or reduce the value thereof or impair any easement or hereditament or shall add any material structure or excavate any additional basement or cellar without first obtaining the consent of all the other apartment owners. Explanation.--In this section, reference to apartment owners shall be construed, in relation to a multi-storeyed building in any block, pocket or other designated area, the apartment owners of the concerned multi-storeyed building in such block, pocket or other designated area.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 10
Title: Benamidar of the Apartment to Be Deemed to Be the Real Owner
State: Central
Year: 1986
If any apartment is acquired by any person, whether by allotment, sale or otherwise with the consideration thereof paid or provided by another person, the acquirer shall, notwithstanding anything contained in the Transfer of Property Act, 1882, 4 of 1982 or in the Indian Trusts Act, 1882 2 of 1982 or in any other law for the time being in force, be deemed to be the real owner of such apartment, and no court shall entertain any claim of the person paying or providing such consideration for title to such apartment on the ground that the acquisition of the apartment was made on behalf of such person or on behalf of someone through whom such person claims.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 9
Title: Purchasers or Persons Taking Lease of Apartments from Apartment Owners to Execute an Undertaking
State: Central
Year: 1986
Notwithstanding anything contained in the Transfer of Property Act, 1882, 4 of 1982 or in any other law for the time being in the force, any person acquiring any apartment from any apartment owner by gift, exchange, purchase or otherwise, or taking lease of an apartment from an apartment owner for a period of thirty years or more, shall,-- (a) in respect of the said apartment, be subject to the provisions of this Act; and (b) execute and register an instrument in such from, in such manner and within such period as may be prescribed giving an undertaking to comply with the covenants, conditions and restrictions, subject to which such apartment is owned by the apartment owner aforesaid.
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