Flat Ownership Act
Chandrashekhar
(Querist) 18 February 2010
This query is : Resolved
My query is about Maharashtra Flat Ownership Act, if my town is not notified under the said Act, then whether a flat purchaser can avail the protection under the said Act, So also can the provisions be said be binding on the developer in such case.
Further query is about Maharastra Apartment Ownership Act, if my town is notified under the said Act, then whether it will be legal to form an associtation of Apartment Owners in such case instead of forming a Coop Hsg. Society? Further, if the town is not notified,then there is no separate index to register declaration as well as deeds of transfer in such case, then how these documents can be registered?
Raj Kumar Makkad
(Expert) 18 February 2010
You have provided answer to your fist quarry in last line of your quarry. If your city is not notified under the act then there shall not be applicability of the provisions on either of the parties.
The association of the owners of the apartments cannot take place of C operative Housing society as there are specific provisions contained therein and no benefit can be enlarged in case only owners association is formed. So this is though legal but is not advisable.
In case town is not notified then other modes of registration like with registrar shall suffice the formality of registration.
