Section 54 – Is a Flat a Residential House?

The words and phrases ‘apartment’, ‘flat’ or ‘residential house’ are not defined under the Income Tax Act, 1961.

1. Clause (a) of Section 2 of The Gujarat Ownership Flats Act, 1973 [Gujarat Act No. 13 of 1973] defines a “flat” to mean a separate and self-contained set of premises forming part of a building and used or intended to be used for residence or office, or show-room, or shop or godown or garage; and includes an apartment.

Explanation.-Each set of premises shall be deemed to be separate and self-contained notwithstanding that common provision is made for sanitary, washing, bathing or other conveniences in respect of two or more sets of premises.

2. Clause (a) of Section 18 of The Gujarat Ownership Flats Act, 1973 [Gujarat Act No. 13 of 1973] defines an “apartment” to mean a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, intended to be used for residential purposes and with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway.

3. Apartments constitute heritable and transferable immovable property according to Section 19 of the Gujarat Ownership Flats Act, 1973, “Each apartment, together with the undivided interest in the common areas and facilities, appurtenant to such apartment, shall, for all purpose, constitute heritable and transferable immovable property within the meaning of any law for the time being in force in the State; and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever, in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings, remedies and to penalty, forfeiture and punishment as any other immovable property, or make a bequest of the same under the laws applicable to the transfer and succession of immovable property.”

4. Black’s Law Dictionary defines the word “heritable” as capable of being taken by descent.

Leave a Comment

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s