Judgment Search Results Home > Cases Phrase: apartment ownership act 1972 section 4 status of apartments Court: chennai Page 1 of about 72 results (0.077 seconds)

Balaji Builders Private Ltd Vs. the Collector Collectorate Office Pudu ...

Court : Chennai

..... under the provisions of puducherry apartment ownership act, 1987, more particularly section 3(f) read with section 6 deals with the irrevocation right of apartment owners to exercise such acts which are necessary for maintenance, repair and replacement of any of the common areas and ..... under section 13(5), the sub-registrar or any other registrar shall register the declaration along with floor plans of the building and the deed of the apartments under the pondicherry apartment ownership act, and shall also enter particulars in the index kept under sub-section (3).10 ..... therefore, as declared under section 6(3) of the pondicherry apartment ownership act, common facility will have to remain ..... , learned senior counsel appearing for ms.pushpa sathyanaryana, learned counsel for the petitioner strenuously contended that in the guise of exercising supervisory power vested under the pondicherry apartment ownership act, neither the collector nor the authority can transfer the ownership retained by the petitioner and the order is without jurisdiction.9. ..... the impugned order, the authorities have been virtually acted like a civil court in transferring the ownership of the area to the association and the provisions of puducherry apartment ownership act do not provide for any such contingency. ..... will be in violations of the provisions of puducherry apartment ownership act, 1987. ..... is accepted by both parties that the association comes within the purview of pondicherry apartment ownership act, 1987. .....

Cosmo Towers Owners' Association rep. by Its Secretary M. Prasada Rao ...

Court : Chennai

Reported in : (2009)5MLJ491

..... from the above referred sections, particularly sections 23 and 25 of the act, it is beyond doubt that the tamil nadu apartment ownership act, 1994, is binding on the petitioner and all flat owners. ..... 2522/2003 and as such, she is having undivided interest in the common areas and facilities provided to the apartment in the building as per section 6 of the tamil nadu apartment ownership act, 1994. ..... the object of enacting the tamil nadu apartment ownership act, rules and model by-law for the formation and maintenance of apartments is to promote harmony among the owners of apartments and share the common facilities without any hindrance to others. ..... the rights and liabilities of flat owners in an apartment is governed under the tamil nadu apartment ownership act, 1994 (in short ' the act') which came into force on and from 7.4.1997. ..... 2522/2003, dated 3.11.2003 is entitled to enjoy the facilities of common area provided to the apartment and the petitioner association is bound to admit the fourth respondent as a member of the association and denial of admission as a member of the petitioner association is in violation of the tamil nadu apartment ownership act, 1994, rules and the by-laws. ..... section 5 of the act deals with the ownership of apartments, which states that each apartment owner shall be entitled to the exclusive ownership and possession of his apartment in accordance with the deed of apartment executed and registered in accordance with the provisions of the act. 20. .....

Park View Enterprises Vs. State Government of Tamil Nadu

Court : Chennai

Reported in : [1991]189ITR192(Mad)

..... tn spite of being aware of delhi apartment ownership act 1984 and the maharashtra act 5 of 1984 halfhearted and ununderstandable amendments have been brought about, which are injected with vagueness and uncertainties in implementation, leading to a high degree of arbitrariness which would be ..... after referring to the delhi apartment ownership act and the maharashtra act 1984 be too submits ..... . it is this concession found therein that the learned advocate-general relied upon to claim that once such a maxim is applicable and specific provisions having been made in sections 63-a and 108(2) and section 8 of the transfer of property act relating to passing of ownership in properties erected on somebody else's land under certain circumstances like mortgaged and leases, wherever a building is put up on the land belonging to another, pursuant to an ..... given the status of conclusive proof, and as to what is a multi-unit house or building having not been precisely explained; as now being experienced by persons like that of petitioners in the hands of the registration authorities, it would only lead to unjust enrichment by persons in-charge of the affairs of the department, he then submits that construction of a building is a works contract, and that section 8 of the transfer of property act cannot ..... . 49 of tn act 35 of 1972, which nowhere refers to the word owner of the land making the application, and it states that "any person" can make an application to the appropriate planning .....

Sashikala Rep. by Her Power Agent K. Sridharan Vs. S.A. Sahida Beevi a ...

Court : Chennai

Reported in : (2007)1MLJ856

..... part and parcel of the property and the plan having been approved, as flat owners, under section 6(2) of the tamil nadu apartment ownership act, 1994, they are also entitled to have access through the same. ..... never belonged to the defendants cannot be countenanced in view of the application of section 6(2) and (3) of the tamil nadu apartment ownership act, 1994. ..... a passage; that under the circumstances, at no stretch of imagination, it can be considered as part and parcel of the scheme, and therefore, it should be maintained by way of a trust by the plaintiff; that apart from that, so far as ex.b5 was concerned, it was a claim made by one of the purchasers of the flat that there was a deviation of the plan, in which the plaintiff was also added as party ..... vacant site; that it is not shown either as a road or as a passage leading to cutchery road as contended by the defendants; that the property was retained as a vacant site; that apart from this, all these respondents/defendants have purchased the property, after the same being promoted by way of flats; that a perusal of the sale deed, ex.a8, would clearly indicate that there are ..... that she became the absolute owner of the suit property in r.s.no.1833/14 measuring 2 grounds and 244 square feet at cutchery road, mylapore, by virtue of a settlement deed dated 9.8.1972, executed by one t.s.sadasivam; that from the time onwards, she has been in possession and enjoyment of the same; that in order to develop the property, she demolished the .....

Tamil Nadu Housing Board Vs. Mary Rani Immanual

Court : Chennai

..... (ii) that apart, we have already held that the tamil nadu apartment ownership act, 1994 will alone prevail over the tamil nadu state housing board act, 1961, in view of section 25 of the tamil nadu apartment ownership act, 1994 which was extracted above. ..... even assuming that the tamil nadu housing board has retained its power, even after selling the individual apartments, the provisions of the tamil nadu apartment ownership act, 1994 will prevail over and above the rights of the tamil nadu housing board, if any.10. ..... " (vii) section 4 of the act provides for transfer of apartment ownership by an individual with undivided interest in the common area and facilities. ..... to securing that the ownership and control of the material resources of the community are so distributed as to subserve the common good, it is expedient to provide for the ownership of an individual apartment in a building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable immovable property and to provide for matters connected therewith or incidental thereto" (iv) section 2 of the act contemplates that it shall apply to every apartment constructed before or after the .....

S. Duraiswami Nadar Vs. Additional Special Deputy Collector (Land Acqu ...

Court : Chennai

Reported in : AIR1978Mad313

..... out that since there is a dispute relating to the apportionment of compensation, a reference under section 30 of the act had to be made which is only a ministerial act and the land acquisition officer has no power to decide the question of title especially when ..... acquisition (railways) nagarcoil passed an order to the effect that since there was a dispute relating to the ownership of the property, the matter should be referred to civil court under section 30 of the land acquisition act hereinafter referred to as the act. ..... different matter whether the procedure under section 31 or 32 of the act will have to be followed or not i am not called upon to decide the same since the reference here very dearly states that it had been made only under section 30 of the act, accordingly, the writ petition will ..... revenue, dated 4-7-1967, i hereby order under section 9 (2) read with section 3 (1) of the kanyakumari sreepandavarka lands (abolition and conversion into ryotwari) act 31 of 1984, that a ryotwari patta be issued ..... challaswami, learned counsel appearing for the petitioner, submits as under:-- section 30 of the act contemplates a reference to a civil court only in the event of there being a dispute as to the apportionment of the amount or as to the ..... in any event, according to him, having regard to sections 31 and 32 of the act, if the compensation is payable only to the trust, then the proper remedy would be to deposit the sum into court and therefore, from that point of view, at least, .....

Park View Enterprises Vs. State Government of Tamil Nadu

Court : Chennai

Reported in : [1991]71CompCas723(Mad)

..... nature. in spite of being aware of the delhi apartment ownership act, 1984, and the maharashtra act 5 of 1984, half-hearted and ununderstandable amendments have been brought about, which are injected with vagueness and uncertainties in implementation, leading to a high degree of arbitrariness which would be much worse than ..... duty. after referring to the delhi apartment ownership act and the maharashtra act, 1984, he too submits that, in spite of ..... india. it is this concession found therein that the learned advocate-general relied upon to claim that once such a maxim is applicable and specific provisions having been made in sections 63a and 108(h) and section 8 of the transfer of property act relating to passing of ownership in properties erected on somebody else's land under certain circumstances like mortgages and leases, wherever a building is put up on land belonging to another pursuant to an application made to the ..... applicant. his more substantial contention is in referring to section 49 of the tamil nadu act (35 of 1972), which nowhere refers to the owner of the land making the application, and it states that 'any person' can make an application to the appropriate planning authority and ask for permission ..... p.w.d. assistant engineer having been given the status of conclusive proof, and as to what is a multi-unit house or building not having been precisely explained as now being experienced by persons like the petitioners in the hands of the registration authorities, it would .....

P.Sivanesan Vs. Tamil Nadu Housing Board

Court : Chennai

..... the learned counsel also placed reliance upon section 3 (h) of tamil nadu apartment ownership act, 1994 and argued that any condition or restriction relating to the common areas ..... per section 3 (h) of the tamil nadu apartment ownership act, 1994 common areas and facilities unless otherwise provided in the deed of apartment, means- ..... rule 6 (3) of the tamil nadu apartment ownership act, 1994 makes it explicit that the common areas and facilities and the limited 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 null and ..... the learned counsel for the respondents further submitted that in view of retention of ownership in the sale deed, the appellants cannot claim any right over the garage which fall under the ..... now after 30 years, the respondents have, by a resolution suo motto claimed ownership over the garage area and converted the user of the land and allotted the same to ..... it is also beyond logic that the respondents would retain the ownership of a portion of the land in middle and sell the ..... other hand, the respondents defended the action of the housing board contending that the garage area was not sold to the appellants, and that the ownership over the garage area was retained by the housing board. ..... respondents are entitled to impose any restriction in the sale deed and retain ownership over a portion of undivided share of land ?. .....

P.S. Ranga Iyer Vs. Chidambara Iyer and ors.

Court : Chennai

Reported in : (1956)1MLJ503

..... paragraph (c) can apply only when the mortgage interest is owned by two or more persons and there is a partition among them and since according to section 3, sub-section 1, of the madras agriculturists relief act, a 'person' includes an undivided hindu family, in the present case if the ownership of the mortgage vested in the undivided family that would mean only one person and as such there is no ownership of mortgage in two or more persons with the result that paragraph (c) cannot apply. ..... out of the properties which had already been divided as mentioned in paragraph 2 above and other properties then kept in common and subsequently acquired, the properties in i schedule has been set apart for private trust created by the common family and the said schedules have been signed by all of us. ..... the argument put forward in the court below that the word ' partition ' in section 9-a (10)(ii)(c) of the act being applicable to the entire population of the state of madras irrespective of creed, community or faith, it should be interpreted as meaning complete division by metes and bounds and not a division in status as applied to joint hindu families did not appeal to the learned subordinate judge who held that the word ' partition ' has to be construed with regard to the particular family in which it takes .....

M/s Prodex Technologies, A registered Partnership firm Reptd. by its P ...

Court : Chennai

..... therefore, the plea put forth by the plaintiff that the first defendant builder had violated the tamil nadu apartment ownership act, 1994, as such cannot be accepted in view of the afore sated reasons. ..... (prayer: second appeal is filed under section 100 of civil procedure code, against the judgment and decree dated 22.06.2010 made in a.s.no.393 of 2009 passed by the learned vii additional judge, city civil court, chennai confirming the judgment and decree dated 28.10. ..... that apart, the plaintiff has not come out clearly as to from whom it has taken the property now in its occupation as a lessee. .....