(1) Every person, to whom an apartment is allotted, sold or otherwise transferred by the promoter, either before or after the commencement of this Act, shall be entitled, save as otherwise provided in section 7 and subject to the other provisions of this Act, on and from such commencement, or on such allotmentsale or transfer, as the case may be, to the exclusive ownership and possession of the apartment so allotted sold or otherwise transferred to him.
(2) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub-section (1) shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the conveyance deed of apartment and such percentage shall be the ratio of the built-up area of the apartment to the total built-up area of all the apartments of the building and in respect of the limited common areas and facilities reserved for the use of certain apartments to the exclusion of other apartments, such percentage shall be the ratio of the built-up area of the apartment to the total built-up area of those apartments for which the use is reserved.
Explanation. - The actual built-up area should be taken into account for the calculation of the percentage and any different area Ownership of apartments.
which may be stated in the agreement of sale between the promoter and the person taking the apartment, shall be ignored:
Provided that if all or any of the apartments are put to any non- residential use, the percentage shall be as may be prescribed.
(3) The apartment owners shall own in common the common areas and facilities and neither the promoter nor the association shall have any ownership right in the common areas and facilities and the association shall be vested only with the management and maintenance of the common areas and facilities.
(4) The percentage of the undivided interest of an apartment owner in the common areas and facilities shall have a permanent character and shall not be altered without the written consent of all the apartment owners.
(5) The percentage of undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the covenant deed or other instrument creating the encumbrance.
(6) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, and any covenant to the contrary shall be void.