CHAPTER III- Deed of Apartment and Its Registration, Section 13- Contents of Deed of Apartment

After an apartment is transferred/allotted to an allottee, he must register an apartment deed within 3 months of the transfer.

The apartment deed shall contain-

  1. The name of the allottee.
  2. Description of the land on which the building and the common areas and facilities are located, and whether the land is free-hold or lease-hold, and if lease-hold, the period of such lease
  3. A set of floor plans of the multi-storeyed building showing the lay-out and location, number of apartments and bearing a verified statement of an architect certifying that it is an accurate copy of the portions of the plans of the building. It must be approved by the local authority within the jurisdiction of which the building is located.
  4. Description of the multi-storeyed building, stating the number of storeys and basements, the number of apartments in that building and the principal materials used for its construction.
  5. The apartment number, or statement of the location of the apartment, its approximate area, number and dimension of rooms, and the immediate common area to which it has access. These should be accompanied by any other data necessary for its proper identification.
  6. Description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities.
  7. Description of the limited common areas and facilities, which also states to which apartments their use is reserved.
  8. Value of the property and of each apartment, and a statement that the apartment and such percentage of undivided interest are not encumbered on the date of execution of the Deed of Apartment
  9. Statement of the purposes for which the building and each of the apartments are intended and restricted as to use
  10. The name of the person to receive service of process, together with the particulars of the residence or place of business of that person.
  11. The provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or any part of the property.

The competent authority may extend the 3 month period within which the transferor/promoter/allotter must get the apartment deed registered if it finds the reason for the delay by the promoter to be sufficient.

The promoter shall—

  1. File in the office of the competent authority; and
  2. Deliver to the concerned allottee or transferee, as the case may be, a certified copy of each Deed of Apartment as registered under section 14.

After the deed of the apartment has been registered, the apartment owner must get a certified copy of the deed.
In cases of succession, the successor, within 6 months of succession may make an application to the competent authority to record the succession on the Apartment Deed. After the succession has been recorded, authority shall send a true copy of such record, to the concerned Registrar for registration.