The West Bengal Apartment Ownership Act, 1972
The West Bengal Apartment Ownership Act, 1972 was passed by the legislative assemble of Andhra Pradesh in 1994 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, 1972 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, 1972 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, 1972 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.
Common Areas and facilities: Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration. Each apartment owner will use it for the purpose that it’s intended for, without hindering or encroaching upon another apartment owner’s right to use the space.
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, 1972 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, 1972 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.
