Legal Question in Intellectual Property in India

23.03.2014

Dear Sir / Madam,

I reproduce below a few paragraphs from The Maharashtra Apartment Ownership Act, 1970 :

(f) "common areas and facilities",

unless otherwise provided in the DecIaration or lawful amendments thereto, means-

(1) the land on which the building is located;

(2) the foundations, columns, girders, beams, supports, main walls, terraces and roofs, halls, corridors, lobbies, stairs, stair-ways, fire-escapes and entrances and exits of the building;

(3) the basements, cellars, 'yards, gardens, parking areas and storage spaces;

(4) the premises for the lodging of janitors or persons employed for the management of the

property;

(5) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;

(6) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general an apparatus and installations existing for common use;

(7) such community and commercial facilities as may be provided for in the Declaration;

and

(8) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use;

Further, the bare Act reads :

"Common areas and facilities" - 6.(1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration.

Such percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property and such percentage shall reflect the limited common areas and facilities.

(2) The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall have a permanent character, and shall not be altered without the consent of all the apartment owners expressed 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 any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this Act as provided in sections 14 and 22.

Any covenant to the contrary shall be null and void.

As is clearly evident from the above, terrace falls under common facilities and amenities and will belong to each and every apartment owner post development. Once all the apartment owners register a co-operative society, the property specifically title of the land will have to be conveyed by the Owner-Developer in the name of the Society.

Regards,