Section 8 in Uttar Pradesh Ownership of Flats Act, 1975
8. Encumbrances against flats.
(1)During the period the property remains subject to this Act, no encumbrance of any nature shall be created against the property :Provided that during such period an encumbrance may be created against each flat and the percentage of undivided interest in the common areas and facilities appurtenant to such flat, in the same manner as in relation to any other separate parcel of property subject to individual ownership.(2)Labour performed and material furnished for the common areas and facilities, if duly authorized by the Association of Owner of flats, the Manager or Board of Manager in accordance with this Act, the Declaration or bye-laws, shall be deemed to be performed or furnished with the express consent of each owner of a flat and shall be the basis for a charge or encumbrance under the Transfer of Property Act, 1882, against each of the flats and shall be subject to the provisions of sub-section (3).(3)(a)In the event of a charge or any encumbrance jointly against two or more flats becoming effective, the owners of the separate flats may remove their flats and the percentage of undivided interest in the common areas and facilities appurtenant to such flats from the charge or encumbrance by payment of the fractional or proportional amounts attributable to each of the flats affected in accordance with the percentages appearing in the Declaration.(b)Subsequent to any such payment, discharge or other satisfaction, the flat 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, satisfied or discharged.(c)Such partial payment, satisfaction or discharge shall not prevent the person having a charge or any other encumbrance from proceeding to enforce his rights against any flat and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.
