Can suvarna apartment condominium can be treated as artificial person

666 votes

That the Section 2 of the Maharashtra Ownership Flats ( Regulation of the promotion of construction, sale management and transfer) Act, 1963, which has been repealed by Act No.2 of 2014. An association of owners is to get registered before the Registrar, Co-operative Societies. After getting registered before the registering authority, it becomes an artificial person created by law having common seal. That the Suvarna Apartment Condominium is not registered before the registrar, Co-operative Societies, however, it is registered before the Sub-Registrar. hence, '" Suvarna Apartment condominium" is not legally registered apartment condominium as per provision of Sec. 10 abd 11 of the Maharashtra Ownership Flat Act, 1963. Hence, it cannot be stated to be legally constituted and registered body. Hence, it cannot be treated as artificial person.

LawRato LawRato

825 votes

Yes being a registered association, you can file a suit, send notices, letters on its name to others. May be Board of Managers were elected in your association by the members of apartment, who looks after the affairs of the Apartment as similar to the Managing Committee of Co-operative Society.

Advocate Sourabh A Saxena LawRato