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Regular-article-logo Monday, 11 August 2025

Flat owners? rights

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The Telegraph Online Published 12.04.05, 12:00 AM

The Act proposes to give absolute ownership rights to flat-owners so they can easily sell or transfer their property. Defining apartments as heritable property, the government has also clarified that in case of death of the flat-owner, the heir will automatically inherit the apartment.

?This has been done because in the absence of any clear-cut policy, some builders cheat flat-owners,? Singh said.

The law will also define the powers and duties of competent authorities like the Ranchi Regional Development Authority and Jamshedpur Notified Area Committee.

Chandrakant Raipat, president of the Jharkhand chapter of Real Estate Developers? Association, welcomed the methodical manner in which the government has defined the transfer process of apartments, but demanded computerisation of records in the registration offices.

?The introduction of the new system of book-keeping, Register of Declaration and Deed of Apartment under the Jharkhand Apartment Ownership Act, 2004, will herald a new era but instead of a manual system, it should be computerised as is the practice in Mumbai, Delhi and the south,? he said.

Raipat, however, wants a small change in the proposed Act.

He said the provision to penalise builders in case the transfer was not registered within three months of handing over possession should not be one-sided.

?What if the flat-owner defaults and does not buy the stamp papers or clears the builder?s dues?? Raipat said.

He said only the guilty should be punished and builders should not be held responsible for all violations.

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