Apartment AND Flat - Distinction between ? - (As updated on 15th April)

http://www.accommodationtimes.com/legal/others/maharashtra-apartment-ownership-act-paves-the-way-for-condos/

The write-up does provide useful guidance, though in broad terms, to buyers of ‘units’ of a building (s). What requires to be made a specially careful and insightful note of is, - the basic distinction in the legal characteristics of  the two types of units builders construct and sell – ‘flats’ and ‘apartments’. Further that, there are two separate special enactments – respectively governing the two types of units.

The readers’ comments, however, go to bear testimony to the sadly prevailing common misconception in the minds of buyers-community, of certain very crucial aspects having a bearing on ‘ownership’ and ‘enjoyment’ of the property – be it a ‘flat’ or an ‘apartment’.

Attention is invited to the following material available in the form of published articles, etc., with the fond hope that a close reading should be of help in understanding the subject in its proper perspective.

I. Articles published in the Karnataka Law Journal and Madras Law Journal, as per citations given below: –

(2003)(4) KAR. L.J.Pg.1

(2005)(3) KAR.L.J. pg.17

(2005)(5) KAR.L.J. pg.1

(2003) 3 MLJ Pg.5 (journal) 

II. Posts on websites:

 http://www.commonfloor.com/articles/bangalore-apartment-owners-association-123.html/comment-

September 24, 2009 at 5:55 am

October 8, 2009 at 10:10 am 

http://apartmentadda.com/blog/2009/03/10/a-guide-to-apartment-owners-associations-in-  bangalore/comment-page-2/ - comment-1531

February 10, 2010 at 3:46 pm


January 27, 2011 (reproduced:)

“COMMON AREAS AND FACILITIES”

WHAT IS CRYPTICALLY REFERRED TO AS, – “COMMON AREAS AND FACILITIES”  IS A SPECIALLY DESIGNED LEGAL CONCEPT. IT IS PECULIAR BUT ESSENTIALLY OF RELEVANCE AND IMPORTANCE TO – UNITS OF A BUILDING (‘IE. FLATS’ OR ‘APARTMENTS’). AS SUCH, IT IS IMPERATIVE FOR ONE AND ALL, WHO HAVE SOMETHING TO DO WITH A FLAT OR AN APARTMENT – BE HE A PROMOTER /BUILDER//SELLER, OR PURCHASER, OR THEIR PROFESSIONAL CONSULTANTS – EXPECIALLY THE ADVISING ARCHTECTS, AND LAWTERS , REQUIRE TO HAVE A CLEAR / IN-DEPTH UNDERSTANDING,. AND INSIGHTFUL GRASP, OF ITS PECULIAR LEGAL CHARACTERISTICS AND IMPLICATIONS. THAT IS POSSIBLE PROVIDED THERE IS AN UNBIASSED AND IMPARTIAL UNDERSTANDING / GRASP OF THE VERY BASIC CONCEPT OF – OF ‘FLAT’ / ‘APARTMENT’.

SHOULD ONE GO BY THE INFORMATION AVILABLE IN PUBLIC DOMAIN (IN THE FORM OF ARTICLES, REPORTS, POSTS ON WOES / GRIEVANCES, ETC.,) ONE IS LEFT WITH AN INDELIBLE IMPRESSION THAT, BY AND LARGE, THERE HAS BEEN JUST AN AWAKENING, BUT NO REAL AWARENESS ON THE PART OF THOSE WHO NEED TO BE REALLY CONCERNED ABOUT THE OBTAINING WOEFUL REALITIES."

http://www.mysooru.com/article1.html

For more of this kind, anyone intimately interested may usefully scout around and browse through other known websites. e.g.>

http://www.accommodationtimes.com/legal/builders-can-not-sell-stilt-parking-areas-supreme-court
http://www.lawyersclubindia.com/forum/SC-Judgment-on-Stilt-Car-Parking-24018.asp

http://swayamsevak.tripod.com
http://www.livemint.com/2011/04/13235659/Sahara-firms-defy-ban-on-raisi.html?h=A1


(Comment posted in public interest, solely with the object of creating an incisive awareness)