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The Delhi Apartment ownership Act, 1986
The Delhi Apartment ownership Act, 1986
Sections
1. Short title, extent and commencement.
Section 12. Application.
Section 23. Definitions.
Section 34. Ownership of apartments.
Section 45. Apartment to be heritable and transferable.
Section 56. Ownership of apartment subject to conditions.
Section 67. Compliance with the covenants and bye-laws.
Section 78. Right of re-entry.
Section 89. Purchaser or persons taking lease of apartments from apartment owners to execute an undertaking.
Section 910. Benamidar of the apartment to be deemed to be the real owner.
Section 1011. Certain works prohibited.
Section 1112. Encumbrances against apartments.
Section 1213. Contents of Deed of Apartment.
Section 1314. Registration of Deed of Apartment.
Section 1415. Association of Apartment Owners and bye-laws relating thereto.
Section 1516. Insurance.
Section 1617. Disposition of property, destruction or damage.
Section 1718. Action.
Section 18
delhi-apartment-ownership-act-1986.json
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18 Sections
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Delhi
{
"id": 27672,
"slug": "delhi-apartment-ownership-act-1986",
"title": "The Delhi Apartment ownership Act, 1986",
"short_title": "The Delhi Apartment ownership Act, 1986",
"act_number": "Act No. 58 Of 1986",
"act_year": 1986,
"act_type": "STATE",
"location": "Delhi",
"law_status": "unknown",
"enactment_date": null,
"description": "The Delhi Apartment ownership Act, 1986",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "2",
"title": "2. Application.",
"chapter": null,
"content": "(a) Any group housing co-operative society, or\n(b) Any other person or authority,\n(a) The apartment is in a multistoreyed building.\n(b) The multi-storeyed building must have been constructed mainly for residential or commercial or such other purpose as may be prescribed either by any group housing co-operative or any other person or authority, before or after the commencement of the Act.\n(c) The multi-storeyed building must have been constructed either on a free hold land or a lease hold land provided the lease for such is for a period of thirty years or more.",
"footnote": "",
"is_definition": false,
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{
"number": "3",
"title": "3. Definitions.",
"chapter": null,
"content": "(a) \"Administrator\" mean the Administrator of the Union territory of Delhi appointed by the President under Article 239 of the Constitution.\n(b) \"Allottee\" , in relation ton an apartment, means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter,\n(c) \"Apartment\" means a part of any property, intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or any part or parts thereof, in a multi-storeyed building to be used for residence or office or for the practice of any profession, or for the carrying on of any occupation, trade or business or for such other type of independent use as may be prescribed, and with a direct exit to a public street, road or highway, and includes any garage or room (whether or not adjacent to the multi-storeyed building in which such apartment is located) provided by the promoter for use by the owner of such apartment for parking any vehicle or, a the case may be, for the residence of any domestic aide employed in such apartment.\n(d) \"Apartment number\" means the number, letter or combination thereof, designating an apartment.\n(e) \"Apartment owner\" means the person or persons owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed of Apartment.\n(f) \"Association of Apartment Owners\" : -\n(i) in relation to a multi-storeyed building not falling within sub clause;\n(ii), means all the owners of the apartments therein,\n(iii) in the case of the multi-storeyed buildings in any area, designated as a block, pocket or otherwise, means all the owners of the apartments in such blocks, pocket or other designated area, acting as a group in accordance with the bye-laws,\n(g) \"Authority\" includes any authority constituted or established by or under any law for the time being in force.\n(h) \"Board\" mean the Board of Management of an Association of Apartment Owners elected by its members under the bye-laws.\n(i) \"Bye-laws\" means the bye-laws made under this Act,\n(j) \"Common areas and facilities\" , in relation to a multi-storeyed building, means-\n(i) the land on which such building is located and all easements, rights and appurtenances belonging to the land and the building,\n(ii) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire- escapes and entrances and exits of the building,\n(iii) The basements, cellars, yards, gardens, parking areas, shopping centres, schools and storage spaces.\n(iv) The premises for the lodging of janitors or persons employed for the management of the property.\n(v) Installations of central services, such as, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, incinerating and sewerage,\n(vi) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus an installations existing for common use,\n(vii) Such other community and commercial facilities as may be prescribed, and\n(viii) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use,\n(k) \"Commons expenses\" means-\n(i) All sums lawfully assessed against the apartment owners by the Association of Apartment Owners for meeting the expenses of administration, maintenance repair or replacement of the common areas and facilities.\n(ii) Expenses declared as common expenses by the provisions of this Act or by the bye-laws, or agreed upon by the Association of Apartment Owners,\n(l) \"Common profits\" means the balance of all income, rents profits and revenues from the common areas and facilities remaining after the deduction of the common expenses,\n(m) \"Competent authority\" means-\n(i) A Secretary in the Delhi Administration, or\n(ii) The Vice-Chairman of the Delhi Development Authority, or\n(iii) The Land and Development Officer of the Central Government, who may be authorised by the Administrator, by notification in the Official Gazette, to perform the functions of the competent authority under this Act.\n(n) \"Deed of Apartment\" means the Deed of Apartment referred to in Section 13\n(o) \"Delhi\" means the Union territory of Delhi\n(p) \"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,\n(q) \"Limited common areas and facilities\" means those common areas and facilities which are designated in writing by the promoter before the allotment, sale or other transfer of any apartment as reserved for use of certain apartment or apartments to the exclusion of the other apartments,\n(r) \"Manager\" means the Manager of an Association of Apartment Owners appointed under the bye-laws.\n(s) \"Multi-storeyed building\" means a building constructed on any land, containing four or more apartments, or two or more buildings in nay area designated as a block, pocket or otherwise, each containing two or more apartments, with a total of four or more apartments in all such buildings, and includes a building containing two or three apartments in respect of which a declaration has been made under the proviso to Section 2,\n(t) \"Owner\" , in relation to an apartment, includes, for the purposes of this Act, a 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,\n(u) \"Person\" includes a firm and a joint family, and also includes a group housing co-operative society.\n(v) \"Prescribed\" means prescribed by rules made under this Act,\n(w) \"Promoter\" means the authority, person or co-operative society, as the case may be, by which, or by whom, any multi-storeyed building has been constructed.\n(x) \"Property\" means the land, the multi-storeyed building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith.\nChapter II\nOwnership, Heritability and Transferability of Apartments",
"footnote": "",
"is_definition": true,
"sort_order": 2
},
{
"number": "4",
"title": "4. Ownership of apartments.",
"chapter": null,
"content": "(b) He percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Apartment to be heritable and transferable.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Ownership of apartment subject to conditions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Compliance with the covenants and bye-laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Right of re-entry.",
"chapter": null,
"content": "(a) In the case of a multi-storeyed building constructed before the commencement of this Act, within three months form such commencement, or\n(b) In the case of a multi-storeyed building constructed after the commencement of this Act, within three months from the date on which the possession of any apartment in such multi-storeyed building is delivered to him.\n(i) In accordance with the notice issued by the lessee under sub section (3), or\n(ii) Where the findings of the lessee or the person authorised to inspect the land about any breach of the terms and conditions of any sub-lease in respect of the land or the amount of composition fees specified in the notice issued by the lessee are altered by the District Court on appeal or by any higher court on further appeal, in accordance with the decision of the District Court or such higher court, as the case may be,\n(a) Where no appeal has been preferred under sub section (4), within sixty days from the date of service of the notice under sub section (3), or\n(b) Where an appeal has bee preferred under sub section (4), within sixty days from the date on which the appeal is finally disposed of by the District Court, or where any further appeal is preferred to a higher court, by such higher court,",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Purchaser or persons taking lease of apartments from apartment owners to execute an undertaking.",
"chapter": null,
"content": "(a) In respect of the said apartment, be subject to the provisions of this Act, and\n(b) Execute and register an instrument in such form, in such manner and within such period as may be prescribed giving an undertaking to comply with the covenants, conditions and restrictions, subject to which such apartment is owned by the apartment owner aforesaid.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Benamidar of the apartment to be deemed to be the real owner.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Certain works prohibited.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Encumbrances against apartments.",
"chapter": null,
"content": "Chapter III\nDeed of Apartment and its Registration",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Contents of Deed of Apartment.",
"chapter": null,
"content": "(a) In the case of an allotment, sale or other transfer made after the commencement of this Act, within three months from the date of such allotment, sale or other transfer, or\n(b) In the cases of any allotment, sale or other transfer made before the commencement of this Act, within six months from the date of such commencement.\n(i) the name of the allottee,\n(ii) description of the land on which the building and the common areas and facilities are located, and whether the land is free-hold or lease-hold, and if lease-hold, the period of such lease,\n(iii) a set of floor plans of the multi-storeyed building showing the layout and location, number of apartments and bearing a verified statement of an architect certifying that it is an accurate copy o f the portions of the plans of the building as filed with, and approved by, the local authority within the jurisdiction of which the building is located.\n(iv) Description of the multi-storeyed building, stating the number of storeys and basements, the number of apartments in that building and the principal material of which it is constructed.\n(v) The apartment number, or statement of the location of the apartment, its approximate area, number and dimension of rooms, and immediate common area to which it has access, and any other date necessary for its proper identification.\n(vi) Description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities.\n(vii) Description of the limited common areas and facilities, if any, stating to which apartments their use is reserved.\n(viii) Value of the property and of each apartment, and a statement that the apartment and such percentage of undivided interest are nor encumbered in nay manner whatsoever on the date of execution of the Deed of Apartment.\n(ix) Statement of the purposes for which the building and each of the apartments are intended and restricted as to use,\n(x) The name of the person to receive service of process, together with the particulars of the residence or place of business of such person.\n(xi) Provisions as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or any part of the property.\n(a) file in the office of the competent authority, and\n(b) deliver to the concerned allotee or transferee, as the case may be, a certified copy of each Deed of Apartment as registered under Section 14.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Registration of Deed of Apartment.",
"chapter": null,
"content": "Chapter IV\nAssociation of Apartment owners and Bye-laws for the regulation of the affairs of such association",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Association of Apartment Owners and bye-laws relating thereto.",
"chapter": null,
"content": "(a) the manner in which the Association of Apartment Owners is to be formed,\n(b) the election, from among apartment owners, of a Board of Management by the members of the Association of Apartment Owners,\n(c) the number of apartment owners constituting the Board, the composition of the Board and that one-third of members of the Board shall retire annually,\n(d) the powers and duties of the Board,\n(e) the honorarium, if any, of the members of the Board,\n(f) the method of removal from office of the members of the Board\n(g) the powers of the Board to engage the services of a Manager,\n(h) delegation of powers and duties of the Board to such Manager\n(i) method of calling meetings of the Association of Apartment Owners and the number of members of such Association which shall constitute a quorum for such meetings,\n(j) election of a President of the Association of Apartment Owners from among the apartment owners, who shall preside over the meetings of the Board and of the Association of Apartment Owners.\n(k) Election of a Secretary to the Association of Apartment Owners from among the apartment owners, who shall be an ex-officio member of the Board and shall keep two separate minutes books, one for the Association of Apartment Owners and the other for the Board, pages of each of which shall be consecutively numbered and authenticated by the President of the Association of Apartment Owners, and shall record, in the respective minutes books, the resolutions adopted by the Association of Apartment Owners or the Board, as the case may be,\n(l) Election of a Treasurer from among the apartment owners, who shall keep the financial records of the Association of Apartment Owners as also of the Board.\n(m) Maintenance, repair and replacement of the common areas and facilities and payment therefor,\n(n) manner of collecting from the apartment owners or any other occupant of apartments, share of the common expenses\n(o) resignation and removal of persons employed for the maintenance, repair and replacement of the common areas and facilities,\n(p) restrictions with regard to the use and maintenance of the apartments and the use of the common areas and facilities, as may be necessary to prevent unreasonable interference in the use of each apartment and of the common areas and facilities by the several apartment owners,\n(q) any matter which may be required by the Administrator to be provided for in the bye-laws for the proper or better administration of the property.\n(r) Such other matters as are required to be, or may be, provided for in the bye-laws.\n(a) enabling the Board to retain certain areas of the building for commercial purposes and to grant lease of the areas so retained, and to apply the proceeds of such lease for the reduction of the common expenses for maintaining the building, common areas and facilities, and if any surplus is left after meeting such expenses to distribute such surplus to the apartment owners as income.\n(b) Relating to the audit of the accounts of he Association of Apartment Owners and of the Board, and of the administration of the property.\n(c) Specifying the times at which and the manner in which annual general meetings and special general meetings of the Association of Apartment Owners shall be held and conducted.\n(d) Specifying the time at which and the manner in which, the annual report relating to the activities of the Association of Apartment Owners shall be submitted.\n(e) Specifying the manner in which the income derived and expenditure incurred by the Association of Apartment Owners shall be dealt with, or as the case may be, accounted for.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Insurance.",
"chapter": null,
"content": "(a) shall have, if requested so to do by a mortgage having a first mortgage covering an apartment, the authority to, and\n(b) shall, if required so to do by the bye-laws or by a majority of the apartment owners,",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Disposition of property, destruction or damage.",
"chapter": null,
"content": "(a) The property shall be deemed to be owned in common by the apartment owners,\n(b) The undivided interest in the property owned in common, which shall appertain to each apartment owner, shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities,\n(c) Any encumbrances affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest in the apartment owner in the property.\n(d) The property shall be subject to an action for partition at the suit of any apartment owner in which event, the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided amongst all the apartment owner in the percentage equal to the percentage of undivided interest owned by each apartment owner in the property after paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Action.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
}
],
"metadata": {
"Act ID": "dl076",
"Act Number": "Act No. 58 Of 1986",
"Enactment Date": "",
"Act Year": "1986",
"Short Title": "The Delhi Apartment ownership Act, 1986",
"Type": "UNION_TERRITORY",
"Location": "Delhi"
},
"updated_at": "2026-09-29 21:51:50"
}