THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

Insurance (1) The Association-(a) shall have, if requested so to do by a mortgageehaving a first mortgage covering an apartment, theauthority to, and(b) shall, if required so to do by the bye-laws or by amajority of the apartment owners,obtain insurance for the property against loss or damage by fire orother hazards under such terms and for such amounts as shall be sorequested or required.(2) Such insurance coverage shall be written on theproperty in the name of the Association as trustee for each of theapartment owners in the percentages specified in the bye-laws.(3) The premia payable in respect of every such insuranceshall be included in common expenses.(4) The provisions of sub-sections (1) to (3) shall bewithout prejudice to the right of each of the apartment owner toinsure his own apartment for his benefit. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

Association of Apartment Owners and bye-laws relating thereto (1) There shall be an Association of apartmentowners for the administration of the affairs in relation to theapartments and the property appertaining thereto and for themanagement of common areas and facilities:Provided that where any area has been demarcated for theconstruction of several buildings, whether such area is called ablock or pocket or by any other name, there shall be a singleAssociation in such demarcated area.(2) Every promoter shall,-(a) in case where ten or more than two-third,whichever is higher, of apartments in a buildinghad been allotted, sold or otherwise transferredbefore the commencement of this Act, within sixmonths of such commencement; and(b) in any other case, within six months from the dateon which ten or more than two-third, whichever ishigher, of the apartments in the building areallotted, sold or otherwise transferred,make an application in the prescribed form and manner to theRegistrar for registration of the Association with the persons, whohave been allotted, sold or otherwise transferred apartments, asmembers.62In case, the promoter fails to make an application to theRegistrar for registration of Association, the persons who havebeen allotted, sold or otherwise transferred apartments shall applyfor registration of the Association:Provided that an Association of apartment ownersregistered under the provisions of the Rajasthan SocietiesRegistration Act, 1958 (Act No. 28 of 1958) before thecommencement of this Act shall be deemed to be the Associationfor the purposes of this Act, if its bye-laws are in consonance withthe provisions of the model bye-laws prescribed under this Act orthey are amended to bring them in consonance with the provisionsof the model bye-laws prescribed under this Act within six monthsfrom the commencement of this Act.(3) The promoter shall continue to be the member inrelation to an apartment not allotted or transferred till suchapartment is allotted or transferred to a person who shall become amember of the Association on such allotment or transfer withoutany further action on his part and be responsible for paying theannual maintenance charge or any other charge decided by theAssociation:Provided that the registration of any Association shall bewithout prejudice to any action that may be taken against thepromoter for violation of any provision of law in relation toerection of buildings.(4) On receipt of an application under sub-section (2), theRegistrar, after satisfying himself that the proposed Associationmeets the requirements of the provisions of this Act, shall,notwithstanding anything to the contrary contained in theRajasthan Societies Registration Act, 1958 (Act No. 28 of 1958),register the Association as a society under the Rajasthan SocietiesRegistration Act, 1958 (Act No. 28 of 1958) and the provisions ofthe said Act shall apply to such Association mutatis mutandis, asfar as they are not inconsistent with the provisions of this Act.(5) The Association shall, at its first meeting, make its byelaws in accordance with the provisions of the model bye-lawsprescribed under this Act and no departure from, variation of,addition to, or omission from, the model bye-laws shall be madeexcept with the prior approval of the Competent Authority and nosuch approval shall be given if, in the opinion of the CompetentAuthority, such departure, variation, addition or omission will havethe effect of altering the basic structure of the model bye-laws.63(6) The bye-laws framed under sub-section (5) may providefor the following, among other matters, namely:-(a) composition of the governing body;(b) election, from among apartment owners, of themembers of the governing body by the members ofthe Association, with provision that one-third ofthe members of the governing body shall retireannually;(c) powers and duties of the governing body;(d) honorarium, if any, of the members of thegoverning body;(e) method of removal from office of the members ofthe governing body;(f) method of calling meetings of the Association andof the governing body and the number of membersof the Association or the governing body who shallconstitute a quorum for such meetings;(g) election of a President of the Association fromamong the members of the Association, who shallpreside over the meetings of the Association andof the governing body;(h) election of a Secretary of the Association fromamong members of Association, who shall keeptwo separate minutes books, one for theAssociation and the other for the governing body,pages of each of which shall be consecutivelynumbered and authenticated by the President ofthe Association, and shall record in the respectiveminutes books the resolutions adopted by theAssociation or the governing body, as the casemay be;(i) election of a treasurer from among the members ofthe Association, who shall keep the financialrecords and account books of the Association;(j) maintenance, repair and replacement of thecommon areas and facilities and payment therefor;(k) manner of collecting from the apartment owners orany other occupants of apartments, their share ofcommon expenses;(l) engagement and removal of persons employed foradministration, management, maintenance, repair64and replacement of the property and the commonareas and facilities;(m) restrictions with regard to the use and maintenanceof the apartments and the use of the common areasand facilities, as may be necessary to preventunreasonable interference in the use of eachapartment and of the common areas and facilitiesby the several apartment owners;(n) any matter which may be required by the StateGovernment to be provided for in the model byelaws for the proper or better administration of theproperty; and(o) any other matter as may be required to be, or maybe provided for in the model bye-laws.(7) The bye-laws framed under sub-section (5) may alsocontain provisions, not inconsistent with the provisions of thisAct,-(a) enabling the governing body subject to thebuilding regulations to retain certain areas of thebuilding for commercial purposes and to grantlease of the areas so retained, and to applyproceeds of such lease for reduction of thecommon expenses for maintaining the buildingand the common areas and facilities, and if anysurplus is left after meeting such expenses todistribute such surplus among the apartmentowners as income;(b) relating to the audit of the accounts of theAssociation and the administration of theproperty;(c) specifying the time at which and the manner inwhich annual general meetings and specialmeetings of the Association shall be held andconducted;(d) specifying the time at which and the manner inwhich the annual report relating to the activitiesof the Association shall be submitted;(e) specifying the manner in

Registration of Deed of Apartment (1) Every Deed of Apartment and every endorsement thereon relating to thetransfer of the apartment shall be deemed to be a document whichis compulsorily registrable under the Registration Act, 1908(Central Act No. 16 of 1908) and shall be registered with theRegistering Officer accordingly, and the words and expressionsused in this section but not defined in this Act, shall have themeanings respectively assigned to them in the Registration Act,1908 (Central Act No. 16 of 1908).(2) In all registration offices, a book called “Register ofDeeds of Apartments under the Rajasthan Apartment OwnershipAct, 2015 (Act No. ….. of 2015)” and an index relating theretoshall be kept in such form and shall contain such particulars as maybe prescribed.(3) Whenever any endorsement on a Deed of Apartment isregistered the Registering Officer shall forward a certified copythereof to the Competent Authority to enable it to make necessaryentries in the certified copy of the Deed of Apartment filed with itunder sub-section (2) of section 12.(4) Any person acquiring any apartment shall be deemed tohave notice of the contents of the Deed of Apartment and theendorsement, if any, thereon as from the date of its registrationunder this section. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

Contents of Deed of Apartment (1) Whenever anyallotment, sale or other transfer of any apartment is made by thepromoter to the allottee or transferee, the promoter shall,-(a) in the case of an allotment, sale or other transfermade after the commencement of this Act, withinsix months from the date of such allotment, sale orother transfer; or(b) in the case of any allotment, sale or other transfermade before the commencement of this Act,wherein conveyance deed of apartment has notbeen executed or if executed, is not in consonancewith the provisions of this Act, within one yearfrom the date of such commencement,execute a Deed of Apartment containing the following particulars,namely:-(i) the name of the allottee or transferee;(ii) description of the land on which the buildingand other common areas and facilities are58located and whether the land is free-hold orlease-hold, and if lease-hold, the period ofsuch lease;(iii) a copy of the floor plans of the building,showing the layout, location and number ofapartments, as approved by the local authoritywithin the jurisdiction of which the building islocated;(iv) description of the building, stating the numberof stories and basements, the number ofapartments in that building and the principalmaterials of which it is constructed;(v) the apartment number, or statement of thelocation of the apartment, its area, number anddimension of rooms, and immediate commonarea to which it has access, and any other datanecessary for its proper identification;(vi) description of the common areas and facilitiesand the percentage of undivided interestappertaining to the apartment in the commonareas and facilities;(vii) description of the limited common areas andfacilities, if any, stating to which apartmentstheir use is reserved;(viii) value of the property and of each apartment,and a statement of encumbrances, if any, onthe apartment and the undivided interest onthe date of execution of the Deed ofApartment;(ix) statement of the purposes for which thebuilding and each of the apartments areintended and restricted as to use;(x) the name of the person to receive service ofprocess, together with the particulars of theresidence or place of business of such person:Provided that the Competent Authority may, if it is satisfiedthat the promoter was prevented by sufficient cause from executingthe Deed of Apartment in relation to any apartment within theperiod of six months, or one year, as the case may be, permit thepromoter to execute such Deed of Apartment within such furtherperiod, not exceeding six months, as it may specify:59Provided further that on removal of the encumbrancesreferred to in clause (viii) on payment of amount therefore anendorsement to that effect shall be made on the Deed of Apartmentby the person in whose favour encumbrances were created and theapartment owner shall get the endorsement registered inaccordance with the provisions of section 13.(2) The promoter shall-(a) file in the office of the Competent Authority; and(b) deliver to the concerned allottee or transferee, asthe case may be, a certified copy of each Deed ofApartment as registered under section 13.(3) Whenever any transfer of any apartment is made by theowner thereof, whether by sale, lease, mortgage, exchange, gift orotherwise, the transferor shall deliver to the transferee the certifiedcopy of the Deed of Apartment delivered to him under sub-section(2) after making an endorsement thereon as to the name, addressand other particulars of the transferee, to enable the transferee toget the endorsement on the certified copy of the Deed ofApartment registered in accordance with the provisions ofsection 13.(4) If-(a) the promoter fails to execute a Deed of Apartmentunder sub-section (1) within the period provided inthat sub-section or does not comply with theprovisions of sub-section (2) within a period ofthree months of registration of the Deed ofApartment under section 13,(b) the apartment owner does not comply with theprovisions of sub-section (3) within a period ofthree months of transfer of an apartment by suchowner,the Competent Authority may impose a penalty to the extent ofrupees five thousand or one per cent of the price of apartment,whichever is higher, and shall impose an additional penalty ofrupees one hundred for each day commencing with the first day ofdefault and the penalties so imposed shall be recoverable as arrearsof land revenue.(5) Notwithstanding imposition of any penalty under subsection (4), an apartment owner, allottee or transferee, as the casemay be, may make an application to the Competent Authority inthe prescribed form and manner giving the details of the apartment60in relation to which execution of Deed of Apartment under subsection (1) or delivery of Deed of Apartment after endorsementunder sub-section (3) has not been done and the CompetentAuthority shall, after giving a reasonable opportunity of beingheard to the lessee, promoter or the transferor, as the case may be,pass such orders as he deems proper including an order forregistration and delivery of document evidencing the execution ofDeed or after endorsement in the prescribed form and manner shallsend a true copy of the Deed of Apartment after endorsement to theconcerned Registering Officer for registration thereof inaccordance with the provisions of section 13.(6) Whenever any succession takes place to any apartmentor part thereof, the successor shall, within a period of six monthsfrom the date of such succession, make an application to theCompetent Authority for recording such succession on the certifiedcopy of the Deed of Apartment in relation to the concernedapartment, and, if there is any dispute as to the succession to theapartment, the Competent Authority shall decide the same, and forthis purpose, such authority shall have the power of a civil court,while trying a suit, and its decisions shall have effect of a decreeand shall, notwithstanding anything contained in section 27 orelsewhere in this Act, be appealable as if it were a decree passedby the principal civil court of original jurisdiction.(7) Whenever any succession to an apartment has beenrecorded by the Competent Authority under sub-section (6), suchauthority shall send a true copy of such record, to the concernedRegistering Officer for registration thereof in accordance with theprovision of section 13.(8) For the removal of doubts, it is hereby declared that theprovisions of this section shall be in addition to, and not inderogation of, the provisions of any other law, for the time being inforce, relating to the transfer of immovable

Obligation of promoters (1) Every promoter shallsubmit a declaration to the Competent Authority in respect ofevery building constructed after the commencement of this Act insuch form, within such period and in such manner as may beprescribed specifying the following particulars, namely:-(a) description of the land on which the building andimprovements are, or are to be located, andwhether the land is free hold or lease hold;(b) description of building stating the number of storiesand basements, the number of apartments andprincipal materials of which it is or is to beconstructed;(c) the number of each apartment and a statement of itslocation, approximate area, number of rooms andthe immediate common area to which it has access56and any other data necessary for its properidentification;(d) description of the common areas and facilities;(e) description of the common areas and facilities, ifany, stating to which apartments, their use isreserved;(f) value of the property and of each apartment, and thepercentage of undivided interest in the common areasand the facilities appertaining to each apartment andits owner for all purposes, including voting;(g) particulars of encumbrances, if any, on the propertyof apartment and its undivided interest at the dateof the declaration;(h) such other particulars as may be prescribed:Provided that the promoter may, at any time, before thebooking of apartments in the building submit an amendeddeclaration to the Competent Authority.(2) At the time of booking every promoter shall-(i) attach with the agreement a self certified photocopyof the title deed of the land on which apartment isproposed to be constructed, approved buildingplans, details of common areas and limitedcommon areas ;(ii) specify in the agreement details of built up area ofthe apartment on the basis of which price of theapartment shall be calculated and shall alsoenclose the floor plan of the concerned apartment;(iii) specify in the agreement the date by whichconstruction of the apartment is to be completedand the date by which possession will be handedover to the purchaser subject to force majeureclause and intimation sent to such purchaser;(iv) specify in the agreement the penalty for delay incompletion or handing over the possession of theapartment;(v) specify in the agreement the payment schedule andpenalty in the event of non-payment or latepayment of instalment by the purchaser;(vi) specify in the agreement the condition ofcancellation or withdrawal of allotment and theextent of refund;57(vii) specify in the agreement the compensation eitherway in the event of violation of any of theconditions of allotment.(3) Where the building is constructed on the lease holdland, the promoter shall, before executing a Deed of Apartmentunder section 12, get the land converted from lease hold basis tofree hold basis, if the laws applicable to such land permits so.(4) The promoter shall on formation of the Associationunder section 14 hand over the following documents to theAssociation, namely:-(a) a certified copy of the approved plan of the building ;(b) details of the construction;(c) complete diagram of wiring;(d) complete plumbing layout;(e) details of common areas and facilities includingcopies of warranties, maintenance agreements, etc. inrespect thereof;(f) such other information relating to building availablewith the promoter as may be required by theAssociation in the interest of the apartment owners. 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Encumbrances against apartments. – (1) The owner of each apartment may create any encumbrance, only against the apartment owned by him and the percentage of the undivided interest in the common areas and facilities appurtenant to suchapartment in the same manner and to the same extent as may becreated in relation to any other separate parcel of property subjectto individual ownership:Provided that where any such encumbrance is created, theapartment in relation to which such encumbrance has been createdshall not be partitioned or sub-divided.(2) No labour performed or material furnished with theconsent, or at the request, of an apartment owner or his agent or hiscontractor or sub-contractor, shall be the basis for a charge or anyencumbrance under the provisions of the Transfer of Property Act,1882 (Central Act No. 4 of 1882), against the apartment orproperty of any other apartment owner not expressly consenting to,or requesting, the same, except that such express consent shall bedeemed to be given by the other apartment owner in case ofemergency repairs thereto.(3) The labour performed and material furnished for thecommon areas and facilities, if duly authorized by the Associationin accordance with the provisions of this Act, or the bye-laws, shallbe deemed to be performed or furnished with the express consentof each apartment owner and shall be the basis for a charge or55encumbrance under the Act aforesaid against each of theapartments and shall be subject to the provisions of sub-section (4).(4) In the event of a charge or any encumbrance againsttwo or more apartments becoming effective, the apartment ownersof the separate apartments may remove their apartments and thepercentage of undivided interest in the common areas and facilitiesappurtenant to such apartments from the charge or encumbrance onpayment of the fractional or proportional amounts attributable toeach of the apartments affected and on such payment, theapartment and the percentage of undivided interest in the commonareas and facilities appurtenant thereto shall be free of the chargeor encumbrance so removed:Provided that such partial payment shall not prevent theperson having a charge or any of the encumbrances fromproceeding to enforce the rights, in relation to the amount not sopaid, against any other apartment and the percentage of undividedinterest in the common areas and facilities appurtenant to suchapartment.(5) On any such payment, discharge or other satisfaction,referred to in sub-section (4), the apartment and the percentage ofundivided interest in the common areas and facilities appurtenantthereto shall be free and clear of the charge or encumbrances, sopaid, satisfied or discharged. 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Certain works prohibited No apartment owner shalldo any work which would be prejudicial to the soundness or safety of the property or reduce the value thereof or impair any easement or hereditament nor shall any apartment owner add any materialstructure or excavate any additional basement or cellar withoutfirst obtaining the consent of all the other apartment owners.Association of apartment owners formed as per the provisions ofthe Act.Explanation.- In this section, reference to apartmentowners shall be construed, in relation to a multi-storeyed buildingin any block, pocket or other designated area, the apartmentowners of the concerned multi-storeyed building in such block,pocket or other designated area. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

Execution of sub-lease or/and terms and conditions of sub-lease (1) Where any land is given on lease or ground rent bya person includes firm, company, any local body, Trust,Corporation, Development Authority etc. (hereafter in this sectionreferred to as the lessor) to another person (hereafter in this sectionreferred to as the lessee, which term shall include a person inwhose favour a sub-lease of such land has been granted), and anybuilding that has been constructed on such leasehold land by thelessee or by any other person authorised by him or claimingthrough him, such lessee shall grant in respect of the land as manysub-leases as there are apartments in such building and shallexecute separate deeds of sub-lease in respect of such land infavour of each apartment owner before handing over thepossession of apartment in such building to him. The lessor shallbe duty bound to supply the plans and other legal documents to thelessee,-52(a) in the case of a building constructed before thecommencement of this Act, within three months fromsuch commencement; or(b) in the case of a building constructed after thecommencement of this Act, within three months fromthe date on which the possession of any apartment issuch building is delivered to him:Provided that the sub-lessee shall have the samerights and liabilities as the lease to the extent of the areagiven under sub-lease. That is the lessee has transferred allhis right to the sub-lessee including the right of transfer forthe remaining period of sub-lease and so forth:Provided further that no sub-lease in respect of anyland shall be granted except on the same terms andconditions on which the lease in respect of the land hasbeen granted by the lessor and no additional terms andconditions shall be imposed by the lessee except with theprevious approval of the lessor.(2) Where the lessee has any reason to suspect that therehas been any breach of the terms and conditions of the sub-leasereferred to in sub-section (1), he may himself inspect the land onwhich the building containing the concerned apartment has beenconstructed, or may authorize one or more persons to inspect suchland and make a report as to whether there had been any breach ofthe terms and conditions of any sub-lease in respect of such landand, if so, the nature and extent of such breach, and for thispurpose, it shall be lawful for the lessee or any person authorisedby him to enter in to, and to be in, the lane in relation to whichsuch breach has been or is suspected to have been committed.(3) Where the lessee or any person authorized by himmakes an inspection of the land referred to in sub-section (1), heshall record in writing his findings on such inspection [a true copyof which shall be furnished to the apartment owner by whom suchbreach of the terms and conditions of sub-lease in respect of theland appurtenant to the apartment owned by him has beencommitted (hereinafter referred to as the defaulting apartmentowner)] and where such findings indicate that there had been anybreach of the terms and conditions of the sub-lease in respect ofsuch land, the lessee may, by a notice in writing, require thedefaulting apartment owner to refrain from committing any breachof the terms and conditions of the sub-lease in respect of such land,53or to pay in lieu thereof such composition fees as may be specifiedin the notice in accordance with such scales of composition fees asmay be prescribed.(4) The defaulting apartment owner who is aggrieved byany notice served on him by the lessee under sub-section (3) maywithin thirty days from the date of service of such notice, prefer anappeal to the Competent Authority either challenging the findingof the lessee or any person authorized by him or disputing theamount of composition fees as specified in the notice, and theCompetent Authority may, after giving the parties a reasonableopportunity of being heard, confirm, alter or reverse those findingor may confirm, reduce or increase the amount of composition feesor set aside the notice.(5) Where, on the breach of any terms and conditions ofany sub-lease in respect of any land, any composition fees becomepayable, the defaulting apartment owners shall be deemed to havebeen guilty of such breach and in default of payment thereof itshall be lawful for the lessee to recover the amount of thecomposition fees from the defaulting apartment owner as an arrearof land revenue.(6) Where any composition fees are paid whether inpursuance of the notice served under sub-section (3) or inaccordance with the decision of the Competent Authority orAppellate Authority on appeal, no further action shall be taken bythe lessee for the breach of the terms and conditions of the sublease in respect of the land in relation to which payment of suchcomposition fees has been made.(7) Where any lessee omits or fails to take any action eitherin accordance with the provisions of sub-section (2) or sub-section(3) the lessor may, in the first instance, require the lessee by a notice in writing to take action against the defaulting apartmentowner under sub-section (2) or, as the case may be, under subsection (3) within a period of ninety days from the date of serviceof such notice, and in the event of the omission or failure of thelessee to do so within such period, the lessor may himself takeaction as contained in sub-section (2) or sub-section (3) and theprovisions of sub-section (4) to sub-section (6) shall, as far as maybe, apply to any action taken by him as if such action has beentaken by the lessee.(8) For the removal of doubts, it is hereby declared that nowork in any apartment by the owner thereof shall be deemed to be a breach of the terms of the sub-lease in respect of the land onwhich the building containing such apartment has been constructed unless the work is prohibited by section 9. 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Compliance with the covenants and bye-laws Each apartment owner shall comply strictly with the bye-laws and with the covenants, conditions and restrictions set forth in the Deed of Apartment, and failure to comply with any of them shall be a ground for action to recover sums due for damages, or for injunctive relief, or both, by the Association, or, in a proper case, by an aggrieved apartment owner Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

Ownership of apartment subject to conditions – (1) Where any allotment, sale or otherwise transfer of any apartmenthas been made, whether before or after the commencement of thisAct, in pursuance of any promise of payment, or part payment, ofthe consideration thereof, the allottee or transferee, as the case maybe, shall not become entitled to the ownership and possession ofthat apartment or to a percentage of undivided interest in thecommon areas and facilities appurtenant to such apartment untilfull payment has been made of the consideration thereof along with any amount due in respect of common expenses and payment ofState Government and municipal taxes incurred by the promoterbefore the formation of the Association together with interest, ifany due thereon, and where any such allottee or transferee has beeninducted into the possession of such apartment or any part thereofin pursuance of such allotment, sale or transfer, he shall, until thefull payment of the consideration, and the dues, taxes and interestas aforesaid, has been made, continue to remain in possessionthereof on the same terms and conditions on which he was soinducted into possession of such apartment or part thereof.(2) In a case where, after full payment under sub-section(1) has been made, any expenses have been incurred by the promoter for providing any common facility in terms of any subsequent requirement of the State Government or a localauthority, such proportion of the expenses incurred by thepromoter shall be payable by the apartment owner, allottee or transferee to the promoter as the built-up area of his apartment bears to the built-up area of all the apartments in the building. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta