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Sunil (Manager)     05 May 2010

Need clarification on clause in U.P Apartment Act -2010

Dear Sir/Madam

The THE UTTAR PRADESH APARTMENT (PROMOTION OF CONSTRUCTION, OWNERSHIP AND MAINTENANCE)ACT, 2010 avaialable at https://awas.up.nic.in/Apartment%20Act-English.pdf

In Clause 3(d) states ""apartment owner" means the person or persons owning an apartment or the promoter or his nominee in case of unsold apartments and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed of Apartment and includes the lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more"

And at 3(u) ""person" includes a firm and a joint family, and also includes a group housing co-operative society"

And 3(q) ""joint family" means a Hindu undivided family, and in the case of other persons, a group or unit, the members of which are by custom, joint in possession or residence"

I would like to know if an apartment is owned by a person (as per registered deed) can his "wife" or "son" or "father" would be able to join as member in AAO and can they be eligible for joining the Board of Management of AAO?

 

Since only firm is included in 3(u) can a company nominated memebr get into board of management.

Regards,

Sunil



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