Transfer of Property Act

16. Act to be in addition to Transfer of Property Act and to over-ride contract to the contrary.-The provisions of this Act, except where otherwise provided,  shall be addition to the provision of the Transfer of  Property Act, 1882,(IV of 1882), and shall take notwithstanding anything to the contrary contained in any contract.

17. Aoolication of certain provision to flat already, in existence. – As respects flat which on the commencement of this Act have already been constructed, or converted, the provision of section 2, 6, 9,10,11,12,13,14,15, and 16 apply with the following modification, that is to say:

 (a) In section 2, in clause (c), the word “mean a person who constructs” shall be if the words “mean a person who has constructed” had been substituted;

 (b) in section 8, if the date specified or agreed to has already passed at the commencement of this Act, then the promoter shall give possession within three from such commencement of this Act; and if for any reasons beyond his agent the promoter has been unable to give possession the flat within three months from such commencement, he shall give possession thereof within a period of three months thereafter, to a further period of three months if those reasons still exist; and thereafter the promoter shall be liable on demand to refund the amounts on the terms and conditions provided in these said section;

(c) in section 9, words and figures “after the agreement referred to in section 4 is registered” shall be as if the word “after the commencement of this Act” has been substituted;

(d) in section 10, the words “As minimum number of persona required to from a co-operative have taken flats, the promoter shall within the prescribed period” shall be read as if the words “Where the minimum number of persons required to from a cp-operative society or a company have taken flats, the promoter shall within three the commencement of this Act” had been substituted;

(e) in section 11, the words and figure “in accordance with the agreement executed under section 4”shall be read as if the words “in accordance with any agreement made in respect thereof” had been substituted and the words “within the prescribed period” shall be reads as if the words “within three months from the commencement of this Act” had been substituted.

1[18. Act not to apply to Housing and Area Development Authority and Boards. –Nothing in this Act shall apply to the Maharashtra Housing and Area Development Authority and the Boards established under the Maharashtra Housing and Area Development Act, 1976. (Mah. XXVII of 1977.)]