Land Law

SARSUNA LAW COLLEGE
Submitted By:
Diptajit Das
Roll No. : SLC/20/156
Paper: Land Law including Tenure & Tenancy System
Class: Three-Year LL.B. (Hons.)
Paper No: LB205H
Semester: 2ND SEM
Topic: “An apartment to be transferable and heritable property”

Under The Supervision Of:
Prof. Chayan Chakrabarty
Year: 2021
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TABLE OF CONTENTS
CONTENTS PAGE NO.
1. Introduction - - - - - - - - - - - - - - - - - - - - - - - - - - 3-4
1.1. Introduction
1.2. Research Problem
1.3. Objectives
1.4. Methodology
1.5. Sources of Study
2. Object of The Act - - - - - - - - - - - - - - - - - - - - - - 5-6
3. Analysis of The Act - - - - - - - - - - - - - - - - - - - - - - 7-9
4. Conclusion - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10
Acknowledgement --------- ------------- 11
References - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12
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Chapter - 1
1.1. INTRODUCTION
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.
1.2. RESEARCH PROBLEM:
 Study of the different facts regarding an apartment to be

transferable and heritable property according to this act.
 Study of the legal status of the apartment in different
aspects.
1.3. OBJECTIVES:
 To study the concept of the different factors of the act.

 To know the aspects of different cases
 To evaluate the exceptions of the said rules
1.4. METHODOLOGY:
This paper will rely on secondary data in the form of Journal

Articles to explain the main objective, and the secondary data in
turn, will be critically analyzed. So, it will be qualitative in
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nature. The objectives of the project will be verified when the
project is concluded, as a form of a top-down method.
1.5. SOURCES OF STUDY:
Secondary sources in the form of written documents such as

Books, Magazines, Texts, reports, and Journal Articles etc served as
sources of study for this project
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Chapter – 2
Object 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
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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.
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Chapter – 3
Analysis of the project
An apartment to be transferable and heritable property.—

(1) Each apartment owner shall be entitled to the exclusive
ownership and possession of his apartment.
(2) An apartment, together with its undivided interest in the
common areas and facilities, shall constitute heritable and
transferable immovable property within the meaning of any law
for the time being in force:
Provided that no apartment and the percentage of undivided
interest in the common areas and facilities appurtenant to such
apartment shall be partitioned or subdivided for any purpose
whatsoever.
(3) Notwithstanding anything contained in the Transfer of
Property Act, 1882, or in any other law for the time being in
force, but subject to the provisions of section 11 of this Act, any
person,—
(a) Acquiring by purchase or by inheritance, or.
(b) Taking lease of, for a period of thirty years or more, an
apartment comprised in a property submitted to the
provisions of this Act, shall,
(i) in respect of the said apartment, be subject to the
provisions of this Act, and
[(ii) execute and register an instrument in such form,
accompanied by such fee, and in such manner and
within such period as may be prescribed, undertaking
to comply strictly with the bye-laws and with the
covenants, conditions and restrictions as set forth in
the Declaration referred to in section 2.]
4A. Benamdar of an apartment to be deemed to be the real

owner thereof.— Where an apartment is transferred to one
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person for a consideration paid or provided by another person
for his own benefit, the transferee shall, notwithstanding
anything in the Transfer of Property Act, 1882, or in the Indian
Trusts Act, 1882, or in any other law for the time being in force,
be deemed to be the real owner of such apartment, and no
court shall entertain any claim of the person, paying or
providing the consideration for title in such apartment on the
ground that he did not intend to pay or provide such
consideration for the benefit of the transferee and that the
transferee is his benamdar, or on any other ground.
Common areas and facilities. — (1) each apartment owner

shall be entitled to an undivided interest in the common areas
and facilities in the percentage expressed in the Declaration.
(2) The percentage of the undivided interest of each apartment
owner in the common areas and facilities as expressed in the
Declaration shall not be altered [without the written consent of
all the apartment owners, additions or alterations, if any, is to
be expressed subsequently] in an amended Declaration duly
executed and registered as provided in this Act. The
percentage of the undivided interest in the common areas and
facilities shall not be separated from the apartment to which it
appertains, and shall be deemed to be conveyed or
encumbered with the apartment even though such interest is
not expressly mentioned in the conveyance or other instrument.
(3) The common areas and facilities shall remain undivided,
and no apartment owner or other person shall bring any action
for partition or division of any part thereof, unless the property
has been withdrawn from the provisions of this Act.
(4) Each apartment owner may use the common areas and
facilities for the purpose for which they are intended without
hindering or encroaching upon the lawful rights of the other
apartment owners.
(5) The work relating to the maintenance, repair and
replacement of the common areas and facilities and the making
of any additions or improvement thereto shall be carried out in
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accordance with the provisions of this Act and the bye-laws
made there under.
(6) The Association of Apartment Owners shall have right, to be
exercised by the Manager or the Board of Managers on behalf
of the Association, with such assistance as the Manager or the
Board of Managers, as the case may be, considers necessary,
to have access to each apartment from time to time during
reasonable hours, for the maintenance, repair and replacement
of any of the common areas and facilities therein or accessible
there from, or for making emergency repairs therein to prevent
any damage to the common areas and facilities or to other
apartments
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Chapter – 4
CONCLUSION:
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
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ACKNOWLEDGEMENT
It is a matter of great pleasure to present this project on “An
apartment to be transferable and heritable property” I take this
opportunity to thanks our respected Principal DR. ATASI ROY
KHASKEL for giving me an opportunity to work on this field. I am
very thankful to my supervisor PROF. CHAYAN CHAKRABARTY
for her full support in completing this project work Finally, I am
gratefully acknowledge the support of my family/friends and would
also like to thank to them who had given me full support and co-
operated with me to carry out these research work and help with me
for the project work by filling up the report.
DIPTAJIT DAS
11 | P a g e
REFERENCES
1. GOOGLE
2. WEKIPEDIA
3. INDIAN KANOON
4. LEGAL PEDIA
5. VARIOUS BOOKS OF WEST BENGAL APARTMENT OWNERSHIP
ACT
6. BARE ACT OF WEST BENGAL APARTMENT OWNERSHIP ACT
BY PROFESSIONAL PUBLISHERS
7. INDIA.GOV.IN
8. LEGISLATIVE.GOV.IN
12 | P a g e

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SARSUNA LAW COLLEGE

Roll No. : SLC/20/156

Paper: Land Law including Tenure & Tenancy System

Class: Three-Year LL.B. (Hons.)

Paper No: LB205H

Semester: 2ND SEM

Topic: “An apartment to be transferable and heritable property”

Prof. Chayan Chakrabarty

CONTENTS PAGE NO.

Acknowledgement --------- ------------- 11

The West Bengal Apartment Ownership Act, 1972 was passed

1.2. RESEARCH PROBLEM:

 Study of the different facts regarding an apartment to be

 To study the concept of the different factors of the act.

This paper will rely on secondary data in the form of Journal

1.5. SOURCES OF STUDY:

Secondary sources in the form of written documents such as

Object of the Act

Apartments to be Heritable and Transferable: Each

Analysis of the project

An apartment to be transferable and heritable property.—

4A. Benamdar of an apartment to be deemed to be the real

Common areas and facilities. — (1) each apartment owner

The West Bengal Apartment Ownership Act, 1972 helps

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