Commentaries on Delhi Apartment Ownership Act, 1986

The 'Delhi Apartment Ownership Act ' is a welcome piece of legislation. There was a growing need for it arising out of the increasing number of apartments coming up in Delhi and the resultant litigation. The Act sets at rest many issues relating to the rights and obligations of apartment owners, such as the question of inheritance and ownership, the right to common areas and facilities, the restrictions on transfers like sale, mortgage, etc.

Says the author, "As if by a magic wand all the restrictions have vanished. The Act is well drafted and is compact and its provisions are clear and unambiguous."

The Act is automatically applicable to all multi-storeyed buildings constructed by any authority or person or any Group Housing Co-operative Society before or after the commencement of the Act.

An important provision of the Act is that every association of apartment owners shall make its bye-laws in accordance with the model bye-laws to be framed by the Administrator and no departure or variation or omission from the model bye-laws is permitted without the prior approval of the Administrator.

The book provides copious references to the analogous Acts in force in Maharashtra, Karnataka and Uttar Pradesh. Several model forms have been provided in regard to subjects that are closely connected with and arise out of the day-to-day application of this Act, such as deeds, draft, Byelaws, Memorandum of Association, etc. A thorough, comprehensive book indispensable to every one interested in the subject.

• Lex Et Juris : This book could be a handy manual for a practitioner in this field and could also be of great utility for those interested in making a comparative study of the different State enactments.
  
• All India Reporter : The book is intended to be of help to all persons and authorities interested in apartments in multi-storeyed buildings. The builders and the contractors would also find the book useful.

                   INTRODUCTION 1
                   PEN PICTURE OF THE DELHI ACT 7
                   DELHI APARTMENT OWNERSHIP ACT, 1986

                   Short title, extent and commencement 9
                   Application 10
                   Definitions 12

                   Ownership of Apartments 25
                   Apartment to be heritable and transferable 32
                   Ownership of apartment subject to conditions 36
                   Compliance with the covenants and bye-laws 37
                   Right of re-entry 37
                   Purchasers or persons taking lease of apartments from apartment
                   owners to execute an undertaking 46
                   Benamidar of the apartment to be deemed to be the real owner 46
                   Certain works prohibited 47
                   Encumbrances against apartments 47

                   Contents of Deed of Apartment 50
                   Registration of Deed of Apartment 55

                   Association of Apartment owners and bye-laws relating thereto 56
                   Insurance 62
                   Disposition of property, destruction or damage 63
                   Action 64

                   Common profits, Common expenses and other matters 65
                   Apartment owner not to be exempt from liability for contribution by
                   waiver of the use of the common areas and facilities 66
                   Common expenses to be a charge on the apartment 67
                   Separate assessments 67
                   Joint and several liability of vendor etc., for unpaid common expenses 69

                   Act to be binding on apartment owners, tenants, etc. 69
                   Power to exempt stamp duty, registration fee and Court fees and
                   power to refund 73
                   Removal of doubts 75
                   Power to make rules 75

                   Deed of Apartment executed by the Promoter 77
                   Articles of Association of the building Association of Apartment Owners 80
                   Bye-laws of Apartment Owners' Association 83
                   Bye-laws of the Association of Apartment Owners in the multi-storeyed
                   building known as registered under the Cooperative Societies Act in force
                   in Delhi 97
                   Agreement between Promoter and Apartment Owner 114
                   Sale deed executed by the Promoter in favour of an Apartment owner 125
                   Agreement between Promoters and an architect, or a firm of architects
                   for preparation of drawings etc. for erection of buildings 130
                   Memorandum of the Association of the Association Pvt. Ltd. 132
                   Maharashtra Apartment Ownership Act, 1970 135
                   Maharashtra Ownership Flats (Regulation of the Promotion of Construction,
                   Sale, Management and Transfer) Act, 1963 149
                   Karnataka Ownership Flats (Regulation of the Promotion of Construction,
                   Sale, Management and Transfer) Act, 1972 164
                   Karnataka Apartment Ownership Act, 1972 173
                   Karnataka Apartment Ownership Rules 185
                   U.P. Ownership of Flats Act, 1975 212
                   U.P. Ownership of Flats Rules, 1987 219
                   New York Act, vis-a-vis Indian Act 227
                   Sale of immovable property 233
                   Mortgages of immovable property and charges 237
                   Lease 239
                   Gifts 243
                   Hindu Succession Act (XXX of 1956) 244
                   Indian Succession Act, 1925 246
                   Registration Act, 1908 (16 of 1908) 257
                   Delhi Development Act, 1957 260
                   Delhi Rent Control Act, 1958 300
                   Delhi Rent Control Rules, 1959 336
                   Slum Areas (Improvement and Clearance) Act, 1956 344
                   SUBJECT INDEX 364