Section 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 the 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 favour 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.