Karnataka Apartment Ownership Act, 1972 

The KAOA applies only to residential properties. Furthermore, a  building has been defined under the Act as a part of the property containing 4 or more  apartments, or 2 or more building each containing 2 or more apartments with a total of  4 or more apartments. 

2.An apartment owner submits his apartment to the provisions of the Act by executing a  Deed of Declaration. 

The KAOA creates a heritable and transferable right in the immoveable property together  with an undivided interest in the common areas/facilities. 

The KAOA further provides that the apartment owner is entitled to an undivided share in  the common areas and facilities. This share is determined and computed by taking the  value of the apartment in relation to the value of the property which is expressly mentioned in the Deed of Declaration. Furthermore, it prohibits  any apartment owner to bring any action for partition with respect to the common  areas/facilities.

Critical Analysis of the Karnataka Apartment Ownership Act, 1972 

The KAOA, 1972 is one of the foremost legislations in the country after the Maharashtra  Apartment Ownership Act, 1970 to deal with apartments and the concept of  undivided share/right/interest 

An apartment owner acquires rights on the purchase of a flat/apartment in the following 3 ways- 

Undivided interest in the land 

Carpet area of the flat/apartment 

Proportionate interest in the common areas 

The intent of the legislature to enact the KAOA was to make each apartment inheritable and  transferable. Each apartment owner thus has the right of a proportionate interest in the common  areas/facilities. 

The key highlights of the KAOA is the mention of the undivided interest or share in the individual  apartment together with the undivided interest in the common areas/ facilities in the sale deed  of each individual apartment owner. By virtue, this makes the apartment owner an absolute  owner with a clear title and ownership. Thus an owner can transfer his immoveable property, along with the undivided share in terms of percentage by any mode as  would apply to any transfer and succession of immovable property under the Transfer of  Property Act, 1882.  

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