section 15
Encumbrance against Apartment(Flat)
The Jharkhand Apartment (Flat) Ownership Act, 2011General201138 sections
Statutory text
- (1) The owner of each Apartment(Flat) may create any encumbrance, only against the Apartment(Flat) owned by him and the percentage of the undivided interest in the Common areas and facilities appurtenant to such Apartment(Flat) in the same manner and to the same extent as may be created in relation to any other separate parcel of property subject to individual ownership. Provided that where any such encumbrance is created, the Apartment(Flat) in relation to which such encumbrance has been created shall not be partitioned or sub-divided.
- (2) No labour performed or material furnished with the consent, or at the request, of an Apartment(Flat) owner or his agent or his contractor or sub-contractor, shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882 (4 of 1882), against the Apartment(Flat) or property of any other Apartment(Flat) owner not expressly consenting to, or requesting the same, except that such express consent shall be deemed to be given by the other Apartment(Flat) owner in the case of emergency repairs thereto.
- (3) The labour performed and material furnished for the Common areas and facilities, if duly authorized by the Association of Apartment(Flat) Owner in accordance with the provisions of this Act or the bye-laws, shall be deemed to be performed or furnished with the express consent of each Apartment(Flat) owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the Apartment(Flat) and shall be subject to the provisions of sub-section (4).
- (4) In the event of a charge or any encumbrance against two or more Apartment(Flats) becoming effective, the Apartment(Flat) owners of the separate Apartment(Flats) may remove their Apartment(Flats) and the percentage of undivided interest in the Common areas and facilities appurtenant to such Apartment(Flats) from the charge or encumbrance on payment of the fractional or proportional amount attributable to each of the Apartment(Flats) affected and on such payment, the Apartment(Flat) and the percentage of undivided interest in the Common areas and facilities appurtenant thereto shall be free of the charge or encumbrance so removed. Provided that such partial payment shall not prevent the person having a charge or any of the encumbrances from proceeding to enforce the rights in relation to the amount not so paid, against any other Apartment(Flat) and the percentage or undivided interest in the Common areas and facilities appurtenant to such Apartment(Flat).
- (5) On any such payment, discharge or other satisfaction, referred to in sub-section the Apartment(Flat) and the percentage of undivided interest in the Common areas and facilities appurtenant thereto shall be free and clear of the charge or encumbrance, so paid, satisfied or discharged.
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