A critical evaluation of certain aspects of the Maharashtra and Delhi Apartment Ownership Acts and the proposed Delhi Apartment Ownership Bill on apartment ownership schemes

• Main Author: Piyal, Saidunnabi
• Published: University of Aberdeen 2009
• Subjects: 340; Apartments : Home ownership
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.499716

This research is an endeavour to determine reasons for the problems experienced in the State of Maharashtra and the Union Treasury of Delhi in the implementation of the Maharashtra and Delhi Apartment Ownership Acts and the proposed Delhi Apartment Ownership Bill.  Until now the right, title and interest in an apartment though believed to confer ownership does not actually do so.  This thesis seeks to analyse the entire system of apartment ownership in Maharashtra and Delhi.  The emphasis is on the establishment of the apartment ownership schemes, the physical division of apartment ownership schemes into apartments and common areas and facilities, the allocation of percentages in apartment ownership schemes, rights and obligations of owners, enforcement of financial and social obligations, management of ownership schemes and settlement of disputes. An examination of the differences between the apartment legislations of the State of Maharashtra and the Union Territory of Delhi and several other systems has been made to find out why one system works better than the other.  Does the problem lie in the nature of the legislation, the procedures of the Competent Authority and Registry for applying and obtaining registration of an apartment ownership plan, the laws and practices relating to development, construction, financing and conveyancing of apartment ownership property or a combination of all these factors?  From my evaluation of the various aspects of the Acts and the proposed Bill, it appears there is room for improvement in virtually every aspect to keep up with the rapid growth of apartment ownership schemes in Maharashtra and Delhi and gradually all over India.  But it is not only the Act and the Bill that need modernisation.  The housing delivery system in India has got to change.  Officials involved in the approval and registration of apartment ownership schemes have to be properly trained, and care should be taken to recruit more qualified personnel in the related Offices.