THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

Apartment to be heritable and transferable Subject to the provisions of section 6, each apartment, together with theundivided interest in the common areas and facilities appurtenantto such apartment, shall, for all purposes, constitute as a heritableand transferable immovable property within the meaning of anylaw for the time being in force, and accordingly, an apartmentowner may transfer his apartment and the percentage of undividedinterest in the common areas and facilities appurtenant to suchapartment by way of sale, mortgage, lease, gift, exchange or in anyother manner whatsoever in the same manner, to the same extentand subject to the same rights, privileges, obligations, liabilities,investigations, legal proceedings, remedy and to penalty, forfeitureor punishment as any other immovable property or make a bequestof the same under the law applicable to the transfer and successionof immovable property:Provided that where the building is on leasehold land, thetransfer shall be subject to the terms and conditions of the lease:Provided further that no apartment shall be transferredwithout obtaining no-dues certificate from the Association 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 apartments (1) Every person to whomany apartment is allotted, sold or otherwise transferred by thepromoter, on or after the commencement of this Act, shall, save asotherwise provided in section 6, and subject to the other provisionsof this Act, be entitled to the exclusive ownership and possessionof the apartment so allotted, sold or otherwise transferred to him.(2) Every person to whom any apartment was allotted, soldor otherwise transferred by the promoter before thecommencement of this Act shall, save as otherwise provided undersection 6, and subject to the other provisions of this Act, beentitled, on and from such commencement, to the exclusiveownership and possession of the apartment so allotted, sold orotherwise transferred to him.(3) Every person who becomes entitled to the exclusiveownership and possession of an apartment under sub-section (1) orsub-section (2) shall be entitled to such percentage of undividedinterest in the common areas and facilities as may be specified inthe Deed of Apartment and such percentage shall be computed bytaking, as a basis, the built up area of the apartment in relation tothe built up areas of all the apartments in the building:Provided that in relation to any common area or facilitylimited for use by certain owners to the exclusion of other owners,the percentage of undivided interest in such common area orfacility shall be computed by taking, as a basis, the built up areasof all such apartments:Provided further that in a case where apartments in abuilding have been allotted, sold or otherwise transferred for nonresidential use, the percentage of non-residential use in relation tosuch building shall be such as may be prescribed.Explanation.- For the purpose of this sub-section, theactual built up area shall be taken into account for the calculationof the percentage and any different area which may be stated in theagreement between the promoter and the allottee shall be ignored.(4) (a) The percentage of the undivided interest of eachapartment owner in the common areas and facilities shall have apermanent character and shall not be altered without the writtenconsent of all the apartment owners.(b) The percentage of the undivided interest in the commonareas and facilities shall not be separated from the apartment towhich it appertains and shall be deemed to be conveyed orencumbered with the apartment, even though such interest is notexpressly mentioned in the conveyance or other instrument.(5) The common areas and facilities shall remain undividedand no apartment owner or any other person shall bring any actionfor partition or division of any part thereof, and any covenant tothe contrary shall be void.(6) Each apartment owner may use the common areas andfacilities in accordance with the purposes for which they are50intended without hindering or encroaching upon the lawful rightsof the other apartment owners.(7) The necessary work relating to maintenance, repairs andreplacement of the common areas and facilities and the making ofany additions or improvements thereto, shall be carried out only inaccordance with the provisions of this Act and the bye-laws.(8) The Association shall have the irrevocable right, to beexercised by its governing body, to have access to each apartmentfrom time to time during reasonable hours for the maintenance,repairs or replacement of any of the common areas or facilitiestherein, or accessible therefrom, or for making emergency repairstherein necessary to prevent damage to the common areas andfacilities or to any other apartment or apartments. 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Definitions In this Act, unless the context otherwise requires,-(a) “allottee”, in relation to an apartment, means the personto whom such apartment has been allotted, sold or otherwise  transferred by the promoter;(b) “apartment” means a part of any property intended forany type of independent use, including one or more rooms orenclosed spaces located on one or more floors or any part or partsthereof, in a building, intended to be used for residence or office orfor the practice of any profession, or for carrying on of anyoccupation, trade or business or for such other type of independentuse, as may be prescribed, and with a direct exit to a public street,road or highway, or to a common area leading to such street, roador highway, and includes any garage or room (whether or notadjacent to the building in which such apartment is located)provided by the promoter for use by the owner of such apartmentfor parking any vehicle or, as the case may be, for the residence ofany domestic aide employed in such apartment;(c) “apartment number” means the number, letter, orcombination thereof, designating an apartment;(d) “apartment owner” means the person or persons(including a person being a member of a group housingcooperative society) owning an apartment and an undividedinterest in the common areas and facilities appurtenant to suchapartment in the percentage specified in the Deed of Apartmentand shall include a promoter in respect of the apartments whichhave not been allotted, sold or otherwise transferred;(e) “Appellate Authority” means the Appellate Authorityappointed under section 27;(f) “Association” means an Association of apartmentowners formed, or deemed to have been formed, under section 14,consisting of the apartment owners in the building acting as agroup in accordance with the bye-laws;(g) “building” means a building constructed, whetherbefore or after commencement of this Act, on any land, containingfour or more apartments, or two or more buildings in any areadesignated as a block, pocket or otherwise, each containing two ormore apartments, with a total of four or more apartments in allsuch buildings;(h) “bye-laws” means the bye-laws made by theAssociation under this Act;(i) “common areas and facilities” means-(i) the land on which the building is located and alleasements, rights and appurtenances belonging tothe land and the building;47(ii) the foundations, columns, girders, beams,supports, main walls, roofs, halls, corridors,lobbies, stairs, stairways, fire-escapes andentrances and exits of the building;(iii) the basements, cellars, yards, gardens, parkingareas and storage spaces;(iv) the premises for the lodging of janitors or personsemployed for the management of the property;(v) installations of central services, such as power,light, gas, hot and cold water, heating,refrigeration, air-conditioning, incinerating andsewerage;(vi) the elevators, tanks, pumps, motors, fans,compressors, ducts and in general all apparatusand installations existing for common use;(vii) such other community and commercial facilitiesas may be prescribed;(viii) all other parts of the property necessary orconvenient to its existence, maintenance and safetyor normally in common use;(j) “common expenses” means,-(i) all sums lawfully assessed against the apartmentowners by the Association for meeting the expensesof administration, maintenance, repair orreplacement of the common areas and facilities;(ii) expenses declared as common expenses by theprovisions of this Act or bye-laws, or agreed uponby the Association;(k) “common profits” means the balance of all income,rents, profits and revenues from the common areas and facilitiesremaining after the deduction of the common expenses;(l) “Competent Authority” means the officer or authoritywho or which may be authorized by the State Government undersub-section (1) of section 25;(m) “Declaration” declaration means the instrument to besubmitted by the promoter or the developer to the CompetentAuthority as prescribed under this Act;(n) “Deed of Apartment” means the Deed of Apartmentreferred to in section 12;48(o) “free hold”, in relation to a land allotted, sold orotherwise transferred, means tenure in perpetuity with right ofinheritance and alienation;(p) “independent areas” means the areas which have beendeclared but not included as common areas for joint use ofapartments and may be sold by the promoter without theinterference of other apartment owners;(q) “joint family” means a Hindu undivided family, and inthe case of other persons, a group or unit, the members of whichare by custom, joint in possession or residence;(r) “limited common areas and facilities” means thosecommon areas and facilities which are designated in writing by thepromoter before the allotment, sale or otherwise transfer of anyapartment as reserved for use of certain apartment or apartments tothe exclusion of the other apartments;(s) “person” includes a company, a firm and a joint family,and also any association of persons, whether incorporated or not;(t) “prescribed” means prescribed by rules made under thisAct;(u) “promoter” means a person, who constructs, or causesto be constructed, the building or converts, or causes to beconverted, a building into apartments and where the person whoconstructs or converts is different from the person who owns theproperty, the term includes both of them;(v) “property” means the land, building, all improvementsand structures thereon, and all easements, rights and appurtenancesbelonging thereto, and all articles of personal property intended foruse in connection therewith; and(w) “Registrar” means the Registrar as defined in subclause (i) of sub-section (1) of section 1-A of the RajasthanSocieties Registration Act, 1958 (Act No. 28 of 1958). 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Application The provisions of this Act shall apply to every apartment in any building constructed or converted into apartments by a promoter before or after the commencement of this Act on a free hold land or on a lease hold land, if the lease for such land is for a period of thirty years or more 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

Short title, extent and commencement (1) This Act may be called the Rajasthan Apartment Ownership Act, 2015.(2) It extends to the whole of the State of Rajasthan.(3) It shall come into force at once. 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