Q: what is The Delhi Apartment Ownership Act, 1986? how does it streamline the law relating to the ownership of individual apartments in multistoreyed buildings?
Has the Act been notified as yet? If so, can someone please forward a copy of the gazette notification. What I understand as of now is that the Delhi Government has not yet implemented the Act. Can someone please clarify.
Hey the negative points are according to the implementation of the Act An excellent piece of legislation, the Act, if properly implemented can bring about significant improvement in the lot of apartment owners by providing them exclusive ownership, heritable and transferable rights. However, due to little awareness about the features of the Act coupled with the vested interests of both promoters/builders and apartment owners, and reluctance of the apartment owners to apply for execution and registration of the Deeds, the Act has made little impact.
people i think you should know that this Act entitles the exclusive owners with undivided interest in the common areas and facilities as may be specified in the Deed of Apartment Whenever any allotment, sale or other transfer of any apartment is made, deed of apartment needs to be executed.
I think it also confers exclusive ownership and possession of the apartment to the allottee of the apartment or to any other person to whom it is sold or otherwise transferred, say, by inheritance or by way of gift, mortgage, lease etc.Hence the Act recognises the benami transfers of apartments but makes it mandatory for the benamidar acquiring the title to comply with the terms and conditions of the deed of apartment executed by the original owner
according to my knowledge the Act covers whole of the union territory of Delhi and applies to every apartment in a multistory building constructed mainly for residential or commercial use on either a freehold or leasehold land, but check that the lease is of not less than 30 years duration