Legal diff between apartment and a flat in maharashtra
pradeep pawale
(Querist) 06 July 2012
This query is : Resolved
i am planning to buy a flat at pune. i am confused as to
1- what is the legal diff between a flat and
and an apartment
2- any suggestions on precautions to be taken while buying an apartment or a flat
3- which of the two is more beneficial to buyer
sanjeev murthy desai
(Expert) 07 July 2012
1- what is the legal diff between a flat and
and an apartment?
Ans: Generally there is no difference each other but legally flat is single unit but two or more units called as Apartment building.
2- any suggestions on precautions to be taken while buying an apartment or a flat
Property are always has lot of complications hence it is advisable to get legal opinion before buying such property.
3- which of the two is more beneficial to buyer
Everything is beneficial to buyer who purchased according to law.
ajay sethi
(Expert) 07 July 2012
always better to buy flat in registered cooperative society . contact secretary of the society find out whether he has paid society dues .
obtain NOC from society before buying flat . ask for original documents inspection . consult a local lawyer in Pune
ashutosh mishra
(Expert) 07 July 2012
There are two distinct enactments.
1.Maharashtra Apartment Ownership Act,
2.Maharashtra Ownership Flat Act.
In case of Maharashtra Ownership Flat Act there should be atleast 10 members for forming co-op society and in Apartment ownership there should be 5 apartments in one or more building. In case of Ownership Flat Act or co-op societies Act the assessment of the flats will be in the name of owner of the land or builder or the society and in case of Apartment Ownership Act there will be separate assessment in respect of each apartment and its percentage of undivided interest in common areas and facilities. In case of Ownership Flat Act, there will be registration of co-op society or Pvt. Ltd Company as contemplated under section 10 of MOF Act and in case of Apartment Ownership Act declaration is required to be made in prescribed form before the Magistrate as required under the Act.
All transfers of apartments by the sole owner or all the owners of the property (being an owner or owners who has or have executed and registered a declaration in form “A” ) to an apartment owner and subsequent transfers from an apartment owner to his transferee shall be by a Deed of Apartment.
In the case of the first Deed of Apartment the party of the first part shall be either the sole owner or all the owners of the property who has or have executed and registered the Declaration in form “A” and the party of the second part shall be the apartment owner. In the case of subsequent Deeds of Apartment, the party of the first part shall be the apartment owner and the party of the second part shall be his transferee.
