P Amendment Act, Act 8 of , the Governor of Andhra Pradesh hereby makes the following rules for conducting inspection of the properties. Inspection of Property: - The Inspector General of Registration and Stamps may, by order, authorise any officer under his control to conduct inspection of any property, or a class or category of properties registered under the provisions of the Registration Act, for the purpose of ensuring compliance with the provisions of Section 27 of the said Act and to assess the value of such property. Assessment of property: - The Officer so authorised shall complete the inspections entrusted to him within such period as may be specified and assess the value of the properties with reference to the market value prevailing and the construction rates prescribed in accordance with the Andhra Pradesh Revision of Market Value Guidelines Rules, Action to be taken due to wrong assessment and suppression of facts: - If the authorised officer detects any deficit duty payable in respect of any instrument: a due to wrong assessment, either the value or the duty payable, by the Registering Officer, he shall deal with such cases under the provisions of Section A of the Indian Stamp Act, ; b due to suppression of facts affecting the chargability of the instrument, the authorised Officer shall issue a notice, in such form as may be prescribed to the person concerned within fifteen 15 days from the date of inspection giving an opportunity to explain the reasons for the variations.
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The West Bengal Apartment Ownership Act, The West Bengal Apartment Ownership Act, dineshk January 17, The West Bengal Apartment Ownership Act, was passed by the legislative assemble of Andhra Pradesh in to provide for the ownership of an individual apartment and to make such apartment a heritable and a transferable property.
The West Bengal Apartment Ownership Act, extends to the whole state of West Bengal and is applicable to every building which is proposed or used for residential purposes. Definitions Used in the Act: Apartment: Any building which has a direct exit or common areas leading to a public street including highways with in undivided interest in the common areas and facilities forms an independent residential unit, and includes a flat.
Association of Apartment Owners: Association of Apartments owners means all of the apartment owners acting as a group in accordance with the bye-laws of the society. Building: Any building containing two or more apartments or more than one building, each being a complete unit or each containing two or more apartments comprised in the same property. Common Areas and facilities: Common areas and facilities for all apartments include the land on which the building is located including its foundation, terraces, halls, corridors, stairs, fire escapes as well as all entrances and exits.
All basements, yards, gardens, parking areas and playgrounds also constitute a part f the common areas and facilities. Common facilities include all general service installations like gas, power, water, heating and refrigeration units. Competent Authority: A competent authority as per the Act means any person or authority designated by a government notification to perform functions as a competent authority under the act. Owner: Any person in relation to a property deemed to owning the same with a registered an agreement for purchase or for taking lease for a period of thirty years or more is known as the rightful owner of the property.
Promoter: Promoter means a person who constructs or causes to be constructed a building on a plot of land for the purpose of transfer of such building by sale, gift or otherwise to any other person or to a company.
Key Features of the Act: Apartments to be Heritable and Transferable: Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment. The West Bengal Apartment Ownership Act, underlines that each apartment sold in accordance with the act shall for all purpose become a heritable and transferable immovable property. Benamdar to be deemed to be the real owner: As per the West Bengal Apartment Ownership Act, when an apartment is transferred to one person for a consideration paid or provided by another person for his own benefit, the transferee shall be deemed to be the real owner.
The claim for ownership by any other person would not be entertained in any court as per the act. Compliance with bye-laws: Each apartment owner shall comply strictly with the bye-laws and with the covenants, conditions and restrictions set forth in the Declaration. Certain work prohibited: Any prejudicial to the soundness or safety of the property or would reduce the value thereof or impair any easement is not allowed.
This includes any alteration of the material structure, excavation work or any additional basement or cellar without obtaining written consent from all apartment owners. Encumbrances against apartments: During the period the property remains subject to this Act, no encumbrance of any nature shall be created against the property. Common profits and expenses: 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 in the common areas and facilities.
Liability for unpaid common expenses: The purchaser or owner of the apartment is liable for any or all unpaid assessment for the share of the common expenses up to the time of the sale. What the Act Means for People Involved: The West Bengal Apartment Ownership Act, helps apartment owners in the state of West Bengal to have clear guidelines for owning a residential property which is heritable and transferable.
The West Bengal Apartment Ownership Act, underlines all the rights each apartment owner possesses in order to bring a transparency in the unorganized real estate sector. This also helps in buyers making the right choice by knowing their rights and liabilities.
The West Bengal Apartment Ownership Act, 1972
Real estate in Andhra Pradesh, or for that matter, Hyderabad, is growing rapidly, with an increasing demand for residential apartments and flats. Talking of flats and apartments, it is imperative that an apartment complex has a registered apartment association in order to ensure smooth functioning of the society. The Apartment Owners Association takes care of the management of common apartment areas and all welfare requirements of the residents. The Apartment Owners Association elects a Managing Committee, which is responsible for collecting maintenance fees and using it for the upkeep of common amenities, such as the lift, club house, gym, apartment security, and various other issues. However, the Apartment Owners Association needs to be registered to be recognized as a legal body and exercise legal rights. While Apartment Associations need not be mandatorily registered, it is certainly advisable to register the association of your apartment. There are various laws under which the Apartment Owners Association can register itself in Andhra Pradesh- the Societies Registration Act, , which is a central act applicable to all states in India, other than Jammu and Kashmir; A.
Apartment and Housing Society Laws, Bye-Laws
The Andhra Pradesh Apartment Ownership Act provides regulations that monitor that promotion and ownership of apartments in the state, and this act has been active since Knowing all the laws mentioned in the act can be a very hard task, but to make sure that you understand what all the definitions and meanings imply and to prepare yourself for any legal procedures that you might face even for registering your apartment , you can go through the basic definitions that are provided in this act. Learning about these contextual definitions can help you stay in the same wavelength when you consult a lawyer. This can also come in handy because you can verify any differences that you may have with your builder regarding the project.
Society Related Act and Bye Laws