Section 9 in Tamil Nadu Apartment Ownership Act, 1994
9. Charges and encumbrances against apartments, extinguishment of charge and removal from encumbrances and effect of part payment.
(1)Subsequent to the execution and registration of the Deed of Apartment, no charge or encumbrance of any nature shall be created or be effective against the property and any charge or encumbrance may be created only against each apartment and the percentage of undivided interest in the common areas and facilities and the limited common areas and facilities of such apartment in the same manner and under the same conditions in every respect as charge or encumbrance may be created upon or against upon or against any other separate parcel of property subject to individual ownership:Provided that if any charge or encumbrance has been created against such apartment and the percentage of undivided interest in the common areas and facilities and the limited common areas and facilities of such apartment, no apartment and no such percentage of undivided interest shall be partitioned or sub-divided:Provided further that any labour performed in, or materials furnished to, an apartment by any apartment owner or his agent or his contractor or sub-contractor shall not create any charge or encumbrance under the provisions of the Transfer of Property Act, 1882 (Central Act IV of 1882) against any other apartment owner unless the written consent of the other apartment owner is obtained for performance of such labour or furnishing of material. Such consent shall, however, be deemed to have been obtained in the following cases, namely:-(i)Where any emergency repairs are carried out to an apartment and where such emergency repairs are absolutely necessary for the safety or maintenance of the building;(ii)where the performance of labour or furnishing of material is in respect of the common areas and facilities or the limited common areas and facilities and duly authorised by the society, its Secretary or the Committee or the Association of Apartment owners in accordance with the provisions of this Act or the by-laws.(2)In the event of any charge or encumbrance against five or more apartments becoming effective, the apartment owners may individually free their respective apartments and the percentage of undivided interest in the common areas and facilities and the limited common areas and facilities of such apartments from such charge or encumbrance by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed with reference to the percentage of the undivided interest in the common areas and facilities and the limited common areas and facilities, specified in the Deed of Apartment Upon such payment, the apartment and the percentage of undivideo interest in the common areas and the facilities and the limited common area: and facilities shall be free and clear of the charge or encumbrance:Provided that such part payment shall not prevent the person having any charge or encumbrance from enforcing his rights against the other apartment and the percentage of undivided interest in the common areas and facilities and the limited common areas and facilities thereof.
