West Bengal Apartment Ownership (Amendment) Act, 1998

An Act to amend the West Bengal Apartment Ownership Act, 1972; An Act to provide for the ownership of an individual apartment and to make such apartment heritable and transferable property.

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

West Bengal Act XVIII of 1998
THE WEST BENGAL APARTMENT OWNERSHIP (AMENDMENT) ACT, 1998.
[Passed by the West Bengal Legislature.]
[Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 2nd July, 1999.]

[2nd July, 1999.]

An Act to amend the West Bengal Apartment Ownership Act, 1972.

Whereas it is expedient to amend the West Bengal Apartment Ownership Act, 1972, for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Forty-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:—

1. Short title and commencement:

(1) This Act may be called the West Bengal Apartment Ownership (Amendment) Act, 1998.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 3 of West Ben. Act XVI of 1972:

In section 3 of the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as the principal Act),—

(1) for clause (ia), the following clause shall be substituted:—

‘(ia) “owner”, in relation to any property or part thereof or apartment, includes—

(i) any person owning such property or part thereof or apartment, or

(ii) any person deemed to be owning such property or part thereof or apartment, or

(iii) any promoter, or

(iv) a lessee of such property or part thereof or apartment, where the lease is for a period of thirty years or more:

Provided that any person who has executed an agreement for purchase, or for taking lease for a period of thirty years or more, of any property or part thereof or apartment or has paid the consideration or part thereof, shall be deemed to be owning such property or part thereof or apartment even though the document for purchase or lease of such property or part thereof or apartment has not been registered;’;

(2) for clause (l), the following clause shall be substituted:—

‘(l) “promoter” means a person who constructs, or causes to be constructed, a building on a plot of land for the purpose of transfer of such building by sale, gift or otherwise to any other person or to a company, cooperative society or association of persons, and includes—

(i) his assign, if any,

(ii) the person who constructs, and the person who transfers by sale, gift or otherwise, the building, if the two are different persons, or

(iii) any board, company, corporation, firm or other association of persons, established or under any law for the time being in force.’.

3. Omission of section 3A:

Section 3A of the principal Act shall be omitted.

4. Amendment of section 5:

Sub-section (7) of section 5 of the principal Act shall be omitted.

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  • suchi

    waiting eagerly for your suggestion sir,kindly help

  • suchi

    As my husband owns a gifted property in the same municipality area with the proposed co op flat for which i shall be the second owner can i being his wife buy the coop flat?Or instead of me can my adult unmarried n not dependable daughter an income tax payee purchase the coop society flat?pl comment we r very confused.waiting for your advice.

  • suchi

    I want to buy a cooperative resale flat n i will be the 2nd owner but my husband owns a gifted property in the same municipality area.shall i be entiled to buy a coop society flat.Pl suggest n if NOT pl state the reason.Thank you.

  • AMARTYA CHATTERJEE

    Sir,
    I would like to know the correct section of registered transfer of property; it may be land or building. If you shall inform me this then it will be grate pleasure for me.

  • Ray

    (2) for clause (1), the following clause shall be substituted:—

    ‘(1) “promoter” means……

    May be here ‘l’ has been read as ’1′ by OCR tool.

    Regards.

    • http://www.askwb.com/ wbXpress Team

      You are right. It was a mistake. Now it is corrected. Thanks.

      • Ray

        Thanks. But

        (2) for clause (1)…..
        it still remains (1). It will be (l)

        Regards,
        Ray

        • http://www.askwb.com/ wbXpress Team

          Oops.. Sorry.
          Thanks again.

  • saumitra

    standard rule for common expenses if fate size is different

  • SURAJIT DAS

    My flat mutation in Kolkata Municipal Corporation which this Flat registration in Delhi. What is the procedure of my flat mutation?

  • Biswanath Dutta

    would like to know whether promoter can sale basement as garage under West Bengal Apartment Ownership (Amendment) Act, 1998 and what is the procedure of mutation , what kind of documents required to complete the mutation and where to contact, also like to know what is the role of promoter in this context.

  • utpal kumar karmakar

    i am a state govt employee…i want to buy a flat…where to apply permission…is there any form/format?

  • SWAPAN KUMAR SARKAR

    A Society was formed and registered it under West Bengal Societies Registration Act, 1861 to construct a building comprising of 8 numbers of flats. The society purchased a land and registered the purchased land in the name of the society. The Society collected money from 8 persons towards cost of the flats and given them membership of the society and issued allotment letters of flat to each of them. Then the Society constructed 8 flats on the land and handed over the flats to those 8 members, but the flats were not registered in those members name. The Society is presently non-existent. Can the members get their respective flats registered in their names and sell their flats?.

  • Indrani Biswas

    I am one of the flat owners of our building which was registered in the year 1999 under The West Bengal Societies Registration Act, 1961.

    We have 27 flat owners in the building we are always having problems with maintenance charges which many of the flat owners do not pay the actual amount asked for/ do not pay on time / or make part payments.

    We discovered that the bye-laws of the West Bengal Societies Registration Act do not meet the requirements of our building regarding maintenance charges (at the rates of either per square feet or flat rates. Could you please suggest if it is possible to switch over to West Bengal Apartment Owners Registration Act at this point. What happens if many of the flat owners refuse to give their signatures as this will not suit their purposes.

    Need your assistance to save our building.

    • arnab saha

      same problem we face.one flat owner 1174qf,they gives maintenance RS.350pm.my question 492qt flat owner is lawble to pay same amount RS 350?

      • arnab saha

        WHAT IS THE STANDER LAW FOR PAYING MAINTENANCE CHARGES?

      • Tuhin Pal, Advocate.

        Dear, Arnab Saha
        I am just seeing your comment about the same amount of maintenance charges Rs 350/-.
        Dear friend according to rules and regulations the maintenance charges applicable on usage of common areas only not for size of flats.