| Q.1 |
What
is the object and purpose of Maharashtra Apartment Ownership Act, 1970? |
| Ans. |
This
Acts provides for the ownership of an individual apartment in a building
and to make such apartment heritable and transferable property.
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| Q.2 |
What
is the meaning of Apartment? |
| Ans. |
An
Apartment means a part of property intended for any type of independent
use, Including one or more rooms or enclosed spaces located on one or more
floors in a building intended to be used for residence, office, practice
of any profession or for carrying on any occupation, trade or business
or for any other type of independent use and with a direct exit to a public
street, road or highway or to a common area leading to such street, road
or highway.
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| Q.3 |
What
is distinction between Apartment and Flat? |
| Ans. |
In respect of apartment
ownership, the legal title of the flat as an object, along with a proportionate
share in the common areas of the building and also proportionate share
in the land on which the building stands, vests in the apartment owner.
That means, the building belongs to jointly but each apartment owner has
an independent right to his apartment to the exclusion of others. Whereas,
in the case of ownership flat, the title to the building and the land vests
in a co-operative housing society or a limited company and the flat owner
is not a owner of the flat in real sense but he has only a right to occupy
the flat. This is a species of property, which is heritable and transferable.
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| Q.4 |
What
is the difference between Maharashtra Ownership Flat Act, 1963 and Maharashtra
Ownership Apartment Act, 1970? |
| Ans. |
Power to register a society under this Act is conferred by this section
of the Registrar. The registrar has a direction to register a society or
to refuse to register it. He has to satisfy himself that the society has
complied with the provisions of this Act, and the rules and its proposed
bye-laws are not contrary to this Act or to the Rules. The Registrar may
require modifications of the bye-laws. Such modification Registrar, subject
to modification, requires to be placed before the general meeting. If the
registrar wants additional information with regard to the society, he can
call upon the persons signing the application for registration to supply
the same. On the registration of the society, certificate of registration
shall be issued by the Registrar within 3 months from the date of the registration,
the first general meeting of the society is to be covered.
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| Q.5 |
How
the conveyance of the Apartments is made? |
| Ans. |
All transfers of apartments
by the sole owner or all the owners of the property (being an owner or
owners who has or have executed and registered a declaration in form "A")
to an apartment owner and subsequent transfers from an apartment owner
to his transferee shall be by a Deed of Apartment.
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| Q.6 |
Who
are the parties to Deeds of Apartments? |
| Ans. |
In the case of the first
Deed of Apartment the party of the first part shall be either the sole
owner or all the owners of the property who has or have executed and registered
the Declaration in from "A" and the party of the second part shall be the
apartment owner. In the case of subsequent Deeds of Apartment, the party
of the first part shall be the apartment Owner and the part of the second
part shall be his transferee.
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