Section 14 in The M.P. Prakoshtha Swamitva Adhiniyam, 2000
14. Deed of apartment.
(1)Whenever any allotment, sale or other transfer of an apartment is made by the promoter to the allottee, the promoter and the allottee shall be the party in the first part and the party in the second part respectively, within three months from the date of such allotment, sale or other transfer, execute a deed of apartment containing the following particulars, namely :-(a)the name, address and other particulars of the allottee;(b)description of the land on which the building and the common areas and facilities are located, and whether the land is freehold or leasehold and if leasehold the period of such lease, and the postal address of the property;(c)a floor plan of the building showing the lay-out and location of the apartment and bearing the verified statement of an architect certifying that it is an accurate copy of the portion of the plans of the building as filed with and approved by the local authority within the jurisdiction of which the building is located;(d)description of the building, stating the number of storeys and basements, the number of apartments in that building and the principal materials of which it is constructed;(e)the apartment number or statement of the location of the apartment, its approximate area, number and dimensions of the rooms, immediate common area to which it has access and any other data necessary for its proper identification :Provided that the number and areas of the apartments should be in conformity with the municipal building regulations;(f)description of the common areas and facilities appurtenant to such apartment;(g)description of the limited common areas and facilities, if any, stating to which apartments their use is reserved;(h)value of the property and of the apartment and the percentage of undivided interest respectively in the common areas and facilities and the limited common areas and facilities, if any, appurtenant to such apartment, and a statement that the apartment and such undivided interest are not encumbered in any manner whatsoever on the date of execution of the deed of apartment;(i)statement of the purpose for which the building and each of the apartments are intended and restricted as to use;(j)the name of the person to receive service of process, together with the residence or place of business of such person; and(k)any further details which the parties to the deed of apartment may deem desirable to set forth :Provided that if the Competent Authority 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, it may permit the promoter to execute such deed of apartment within such further period, not exceeding six months as it may specify. The Government may grant further extension if it is satisfied that is necessary :Provided further that in the case of an allotment, sale or other transfer made before the commencement of this Act, the promoter shall execute the deed of apartment within three months of such commencement or within the period of extension granted by the Competent Authority or Government :Provided also that the non-execution of a lease between the lessor and the lessee, or the alleged breach of any conditions of the original agreement regarding allotment between the promoters and the allottee shall not be considered sufficient cause for the promoter not executing the deed of apartment in favour of the allottee.(2)If the apartment is allotted under hire-purchase, the promoter and the hire-purchaser shall execute instead of a deed of apartment hire-purchase agreement.(3)The promoter shall file in the office of the competent authority, and deliver to the concerned allottee a true copy of the deed of apartment or the hire-purchase agreement as registered under Section 17.(4)Whenever any transfer of any apartment is made by the owner thereof, whether by sale, lease mortgage, exchange, gift or otherwise, the transferor shall deliver to the transferee the certified copy of deed of apartment delivered to him under sub-section (3) after making an endorsement thereon as to the name, address and other particulars of the transferee, to enable the transferee to get such enforsement registered in accordance with the provisions of Section 17.(5)The execution of the deed of apartment vests the apartment owner with the exclusive ownership and possession of the apartment together with the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, as a heritable and transferable property in terms of Sections 4 and 6 of this Act. On execution of a document transferring the management of the property and the common areas and facilities to the association, it is vested with the management of the property and the common areas and facilities, but will not be the owner of the property or the building or the common areas and the facilities.(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.(7)The provision of Section 230-A of Income Tax Act for the production of Income lax clearance certificate prior to the execution or the registration of any conveyance, shall apply to the execution of deeds of apartment.(8)In the absence of any agreement to the contrary, the stamp duty and the registration fee for a deed of apartment or an endorsement thereon or a sub-lease shall be borne by the allottee, the transferee or the sub-lessee as case may be unless it is remitted by a notification under Section 40.
