Section 5
Section 5 of the Assam Apartments (Construction and Transfer of Ownership) Act, 2006. An apartment together with its undivided interest on the common area and facilities, shall constitute heritable and transferable immovable property within the meaning of the relevant law for the time being in force.
(1) An apartment together with its undivided interest on the common area and facilities, shall constitute heritable and transferable immovable property within the meaning of the relevant law for the time being in force.
Provided that no apartment and the percentage of undivided interest in the common area and facilities of apartment shall be partitioned or sub-divided for any purpose whatsoever unless the property is withdrawn from the provisions of this Act under section 14.
(2) 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 14 of this Act, any person shall be the owner of the apartment, by, - (a) purchase through a registered sale deed duly registered under section 17 of Registration Act, 1908.
(b) taking lease for a period of not less than thirty years or more of an apartment comprised in a property, by a registered deed of lease registered under Section 17 of the Registration Act, 1908. Central Act, 16 of 1908. Central Act, 16 of 1908. Benamidar of an apartment to be deemed to be the real owner thereof Common areas and facilities.
Section 5, The Assam Apartments (Construction and Transfer of Ownership) Act, 2006 (Act 21 of 2007).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 5
How do I find court cases under Section 5 of the Assam Apartments (Construction and Transfer of Ownership) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Assam Apartments (Construction and Transfer of Ownership) Act 5, section 5 Assam Apartments (Construction and Transfer of Ownership) Act, section 5 of the Assam Apartments (Construction and Transfer of Ownership) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 5 of the Assam Apartments (Construction and Transfer of Ownership) Act, and has it changed?
Its own text turns on section 14, Registration Act 17, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was the Assam Apartments (Construction and Transfer of Ownership) Act enacted?
Assam Apartments (Construction and Transfer of Ownership) Act was enacted in 2007 as Act 21 of 2007. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/99ede651-f3a5-482e-ada9-4bca24f3f97c.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aaf7dd60-3eef-4fec-8c37-2b56c0bdbb4a/content). This page is not a substitute for legal advice.