Section 5 in The Orissa Apartment Ownership Act, 1982
5. An apartment to be transferable and heritable.
(1)Each apartment owner shall be entitled to the exclusive ownership and possession of apartment and to an undivided interest in the common areas and facilities in the percentage expressed in the declaration.(2)An apartment, together with its undivided interest in the common areas and facilities appurtenant to such apartment shall constitute heritable and transferable immovable property within the meaning of any law for the time being in force and accordingly an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings, remedies and to penalty, forfeiture and punishment as any other immovable property or may make a bequest of the same under the laws applicable to the transfer and succession of immovable property :Provided that no apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment shall be partitioned or sub-divided for any purpose whatsoever.(3)Notwithstanding anything contained in the Transfer of Property Act, 4 of 1882 or in any other law for the time being in force, but subject to provisions of Section 14 of this Act, any personal-(a)acquiring by purchase; or(b)taking lease of, for a period of thirty years or more, an apartment comprised in a property shall-(i)in respect of the said apartment, be subject to the provisions of this Act; and(ii)execute and register an instrument in such form, in such manner and within such period as may be prescribed, undertaking to comply strictly with the bye-laws and with the covenants, conditions and restrictions set forth in the declaration.
