Ownership, Heritability and Transferability of Apartments

Ownership of apartments

§4

Summary

(1) Every person to whom any apartment is allotted, sold or otherwise transferred by the promoter, on or after the commencement of this Act, shall, subject to the other provisions of this Act, be entitled to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. (2) Every person to whom any apartment was allotted, sold or otherwise transferred by the promoter before the commencement of this Act shall, subject to the other provisions of this Act, be entitled, on and from such commencement, to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. (3) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub-section (1) or sub-section (2) shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the Deed of Transfer of Apartment and such percentage shall be computed by taking, as a basis, the built up area of the apartment in relation to the built up areas of all the apartments in the building: Provided that in relation to any common area or facility limited for use by certain owners to the exclusion of other owners, the percentage of undivided interest in such common area or facility shall be computed by taking, as a basis, the built up areas of all such apartments: Provided further that in a case where apartments in a building have been allotted, sold or otherwise transferred for non-residential use, the percentage of non-residential use in relation to such building shall be such as may be prescribed. Explanation.- For the purpose of this sub-section, the actual built up area shall be taken into account for the calculation of the percentage and any different area which may be stated in the agreement between the promoter and the allottee shall be ignored. (4) (a) The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character and shall not be altered without the written consent of all the apartment owners. (b) The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument. (5) The 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 void. (6) Each apartment owner may use the common areas and facilities in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners. (7) The necessary work relating to maintenance, repairs and replacement of the common areas and facilities and the making of any additions or improvements thereto, shall be carried out only in accordance with the provisions of this Act and the bye-laws. (8) The Association shall have the irrevocable right, to be exercised by its governing body, to have access to each apartment from time to time during reasonable hours for the maintenance, repairs or replacement of any of the common areas or facilities therein, or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to any other apartment or apartments.

(1) Every person to whom any apartment is allotted, sold or otherwise transferred by the promoter, on or after the commencement of this Act, shall, subject to the other provisions of this Act, be entitled to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. (2) Every person to whom any apartment was allotted, sold or otherwise transferred by the promoter before the commencement of this Act shall, subject to the other provisions of this Act, be entitled, on and from such commencement, to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. (3) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub-section (1) or sub-section (2) shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the Deed of Transfer of Apartment and such percentage shall be computed by taking, as a basis, the built up area of the apartment in relation to the built up areas of all the apartments in the building: Provided that in relation to any common area or facility limited for use by certain owners to the exclusion of other owners, the percentage of undivided interest in such common area or facility shall be computed by taking, as a basis, the built up areas of all such apartments: Provided further that in a case where apartments in a building have been allotted, sold or otherwise transferred for non-residential use, the percentage of non-residential use in relation to such building shall be such as may be prescribed. Explanation.- For the purpose of this sub-section, the actual built up area shall be taken into account for the calculation of the percentage and any different area which may be stated in the agreement between the promoter and the allottee shall be ignored. (4) (a) The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character and shall not be altered without the written consent of all the apartment owners. (b) The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument. (5) The 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 void. (6) Each apartment owner may use the common areas and facilities in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners. (7) The necessary work relating to maintenance, repairs and replacement of the common areas and facilities and the making of any additions or improvements thereto, shall be carried out only in accordance with the provisions of this Act and the bye-laws. (8) The Association shall have the irrevocable right, to be exercised by its governing body, to have access to each apartment from time to time during reasonable hours for the maintenance, repairs or replacement of any of the common areas or facilities therein, or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to any other apartment or apartments.

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