5. Apartment to be heritable and transferable.- Subject to the provisions of section 6, each apartment, together with the undivided interest in the common areas and facilities appurtenant to such apartment, shall, for all purposes constitute as a heritable and transferable immovable property within the meaning of any law for the time being in force, 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, remedy and to penalty forfeiture or punishment as any other immovable property or make a bequest of three same under the law applicable to the transfer and succession of immovable property; Provided that where the allotment, sale, or other transfer of any apartment has been made by any group housing co-operative society in favor of any member thereof, the transferability of such apartment and all other matters shall be regulated by the law applicable to such group housing co-operative society. |
