Section 13 in The M.P. Prakoshtha Swamitva Adhiniyam, 2000
13. Encumbrances against Apartments.
(1)An apartment owner may create any encumbrance only against the apartment owned by him and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, in the same manner and to the same extent as may be created in relation to any other separate parcel of property subject to individual ownership ;Provided that where any such encumbrance has arisen or has been created against the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto, such apartment and undivided interest shall not be partitioned or sub-divided.(2)No labour performed or material furnished with the consent or on the request of an apartment owner or his agent or his contractor or sub-contractor, shall be the basis of a charge or encumbrance under the provisions of the Transfer of Property Act, 1882, against the apartment or any other property of any other apartment owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by an apartment owner in the case of emergency repairs to his apartment.(3)The labour performed and material furnished for the common areas facilities, if duly authorised by the association of the board in accordance with the provisions of this Act or the bye-laws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for a charge or encumbrance against each of the apartments and shall be subject to the provisions of sub-section (4).(4)In the event of a charge or encumbrance against two or more apartments becoming effective, an apartment owner may remove his apartment from the charge or encumbrance by making payment of the proportional amount attributable to his apartment.(5)On any such payment, discharge or other satisfaction referred to in sub-section (4) the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid discharged or satisfied :Provided that such part payment shall not prevent the person having a charge or encumbrance from proceeding to enforce the rights, in relation to the amount still outstanding, against any other apartments not so freed of the charge or encumbrance.
