Section 19 in The Bihar Apartment Ownership Act, 2006
19. Contents of Deed of Apartment.
(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.(2)The promoter shall get the Deed of agreement registered in accordance with Section 20 and shall-(a)file in the office of the competent authority; and(b)deliver to the concerned allottee or transferee, as the case may be, a certified copy of each Deed of Apartments as registered under Section 20 within one month of registration.(3)Whenever any transfer of any Apartment is made by the Apartment owner thereof, whether by sale, lease, mortgage, exchange, gift or otherwise, the transferor shall deliver to the transferee the certified copy of the Deed of Apartment delivered to him under sub-section 19.2 after making an endorsement thereon as to the name, address and other particulars of the transferee, to enable the transferee to get the endorsement on the certified copy of the Deed of Apartment registered in accordance with the provisions of Section 20.(4)Whenever any succession takes place to any Apartment or part thereof, the successor shall, within a period of six months from the date of such succession on the certified copy of the Deed of Apartment in relation to the concerned Apartment, and if there is any dispute as to the succession to the Apartment, the Competent Authority shall decide be same, and for this purpose, such authority shall have the powers of a Civil court, while trying a suit, and its decision shall have effect of a decree and shall be appealable as if it were a decree passed by the principal Civil Court of original jurisdiction.(5)Whenever any succession to an Apartment has been recorded by the competent authority under sub-section 16.4 such authority shall send a true copy of such record, to the concerned Registrar for registration thereof in accordance with the provisions of Section 20.(6)For the removal of doubts, it is hereby declared that the provisions of this section shall be in addition to and not in derogation of, the provisions of any other law, for the time being in force, relating to the transfer of immovable property.
