Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 19] [Entire Act]

State of Bihar - Subsection

Section 19(1) in The Bihar Apartment Ownership Act, 2006

(1)Whenever any sale or other transfer of any Apartment is made, the Promoter shall-
(a)in the case of any sale or other transfer made after the commencement of this Act, within three months from the date of such, sale or other transfer, or
(b)in the case of any sale or other transfer made before the commencement of this Act, within six months from the date of such commencement, execute a Deed of Apartment containing the following particulars, namely-
(i)the names of the person(s) to whom the Apartment has been sold or transferred;
(ii)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, the period of such lease;
(iii)a set of floor plans/structural details of the multi-storied building showing the lay-out and location, number of Apartments and bearing a certified statement of an Architect/Structural Engineer certifying that it is an accurate copy of the portions of the plans of the building as filed with, and approved by, the local authority within the jurisdiction of which the building is located;
(iv)description of the multi-storied building, stating the number of storeys and basements, the number of Apartments in that building and the principal materials of which it is constructed;
(v)the Apartment number, or statement of the location of the Apartment, its approximate area, number and dimension of rooms, and immediate Common area to which it has access, and any other data necessary for its proper identification;
(vi)description of the Common areas and facilities and the percentage of undivided interests appertaining to the Apartment in the Common areas and facilities;
(vii)description of the reserved or limited Common areas and facilities, if any, stating to which Apartments their use is reserved;
(viii)value of the property and of each Apartment and a statement that the Apartment and such percentage of undivided interest not encumbered in any manner whatsoever on the date of execution of the Deed of Apartment;
(ix)statement of the purposes for which the building and each of the Apartments are intended and restricted as to use;
(x)the name of the person to receive Process, together with the particulars of the residence or place of business of such person;
(xi)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 :
Provided that the competent authority may, if it is satisfied that the promoter was prevented, by sufficient cause, from executing the Deed of Apartment in relation to any Apartment within the period of three months, or six months, as the case may be, permit the promoter to execute such Deed of Apartment within such further period, not exceeding six months, as it may specify.