Ownership of Apartments.
Each apartment, together with its undivided interest in the common areas and facilities appurtenant to such apartment, is a heritable and transferable immovable property. An apartment owner may transfer his apartment and the percentage of the undivided interest in the common areas and facilities appurtenant to such apartments by way of sale, mortgage, gift, exchange etc.
Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment. He shall execute a declaration that he submits his apartment to the provisions of the Karnataka Apartment ownership Act, 1972 and a Deed of Apartment.
Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage is computed by taking as a basis the value of the apartment in relation to the value of the property. The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character and shall not be altered without the consent of all the apartment owners expressed in an amended declaration.
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. Each apartment owner may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other apartment owners.