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[Cites 0, Cited by 0] [Section 12] [Entire Act]

State of Punjab - Subsection

Section 12(1) in The Punjab Apartment Ownership Act, 1995

(1)Where any land is given on lease by a person (hereinafter in this section referred to as the lessor) to another person (hereafter in this section referred to as the lessee, which term shall include a person in whose favour a sub-lease of such land has been granted and any building has been constructed on such lease-hold land by the lessee or by any other person authorised by him or claiming through him) such lessee shall grant in respect of the land as many sub-leases as there are apartments in such building and shall execute a separate conveyance deed of sub-lease in respect of such land in favour of each apartment owner within three months from the date of which possession of any apartment is given to him and execute a document transferring the management of the common areas and facilities to the association within three months of its being formed, and file certified copies of the instruments in the office of the competent authority and in the case of a building constructed before the commencement of this Act, such conveyance deeds of sub-lease and such documents of transfer shall be executed within three months of the commencement of the Act and thereafter the powers and functions of the lessee shall be exercised by the association in respect of apartment owners who are the sub-leases:Provided that no sub-lease in respect of any land shall be granted except on the same terms and conditions on which the lease in respect of the land has been granted by the lessor and no additional terms and conditions shall be imposed by the lessee except with the previous approval of the lessor:Provided further that the lessee shall not withhold consent to, or collect any amount for acquiescing to the apartment owner executing a transfer of the sub-lease and endorsement on the deed of apartment in favour of a transferee but where the lessor is the Government, it may levy such transfer fee as may be prescribed.