The JHARKHAND APARTMENT (FLAT) OWNERSHIP ACT, 2011
jharkhand · 2012
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Short title, extent and commencement – (1) This Act may be called “Jharkhand Apartment(Flat) Ownership Act, 2011
- S. 2The Jharkhand Apartment (Flat) Ownership Act, 2011 applies to multi-storied buildings constructed for various uses, with certain exceptions and exemptions by the state government.
- S. 3Section 3 defines key terms like "Allottee," "Apartment(Flat)," and "Apartment(Flat) owner" for the Jharkhand Apartment Ownership Act.
- S. 4Section 4 deems the transferee as the real owner of a flat if bought for someone else's benefit.
- S. 5Section 5 mandates developers and owners to register agreements detailing terms, shares, and future ownership transfer rights for flats and land.
- S. 6Section mandates apartment owners to adhere to bye-laws and covenants, with non-compliance allowing for recovery of damages.
- S. 7Section 7 mandates promoters to disclose land title, encumbrances, building plans, and amenities to prospective flat owners.
- S. 8General liabilities of Allottee
- S. 9Common profit and expenses
- S. 10Section 10 grants exclusive ownership and possession of flats to allottees, with permanent undivided interest in common areas unless all owners consent to change.
- S. 11Ownership of Apartment(Flat) subject to conditions
- S. 12Apartment(Flat) to be heritable and transferable
- S. 13Section mandates purchasers or lessees of apartments to comply with the covenants and register an undertaking as per the Jharkhand Apartment Ownership Act.
- S. 14Certain works prohibited
- S. 15Section 15 allows flat owners to create encumbrances on their own flats and common areas, but not on other owners' flats without consent, except in emergencies.
- S. 16Promoter to take steps for formation of Co-operative Society or Company
- S. 17Section 17 penalizes promoters for false disclosures, criminal breach of trust, and unauthorized building construction with fines and imprisonment.
- S. 18Act not to apply to the State Government, Housing Board, etc
- S. 19Section 19 mandates promoters to execute a deed detailing apartment sale specifics within three or six months post-transfer, based on act commencement.
- S. 20Section 20 mandates the compulsory registration of apartment deeds under the Jharkhand Apartment Ownership Act, 2011.
- S. 21Enforcement of Transfer
- S. 22Section 22 mandates successors to apply for succession recording within six months and resolves disputes through local authorities.
- S. 23Section 23 establishes an Association of Apartment Owners and mandates the creation of bye-laws for managing common areas and facilities.
- S. 24Insurance
- S. 25Section 25 of the Jharkhand Apartment Ownership Act, 2011, states that if an apartment association fails to repair damaged property, the property becomes jointly owned by the flat owners.
- S. 26Section 26 allows the Board or Manager to initiate collective legal action on behalf of multiple apartment owners regarding common areas and facilities.
- S. 27Separate Assessments
- S. 28Charges on property for Common expenses
- S. 29Liability for unpaid Common expenses on the sale of an Apartment(Flat)
- S. 30The Competent Authority can direct the Association of Apartment Owners if it fails to fulfill its duties under the Act.
- S. 31The State Government can create rules to implement the provisions of the Jharkhand Apartment Ownership Act, 2011.
- S. 32Powers and duties of the Competent Authority
- S. 33Appellate Authority and Appeals
- S. 34Control
- S. 35No Waiver of Liability
- S. 36Act to be binding on Apartment(Flat) owners
- S. 37Section 37 clarifies that the Transfer of Property Act applies to flats and their common areas, unless conflicting with this Act.
- S. 38Repeal and Savings- (1) The Jharkhand Apartment(Property Regulation and Ownership) Act, 2005 is hereby repealed