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State of Haryana - Section

Section 7 in Haryana Apartment Ownership Rules, 1987.

7. Form for sending certified copy of declaration and deed of apartment, [Section 13(4)]

- The Manager or Board of Managers shall send a certified copy of the declaration and deed of apartment in form E.Form AMarginal notes instructions for filling certain block spaces.(See rule 3)Form of DeclarationIn the.......(enter the name of city and District........on this........day....(enter the day month and year of declaration) I/We.....(enter the name of sole owner or owners) hereafter referred to as "Grantor", who is fully empowered and qualified to execute this Deed do hereby state :-I. that the Grantor owns the following land situated in the......(insert metres and bound description of land on which the building scheme is located and add (a) the city, survey number if any (b) revenue particulars of the land) (Also state the date and registration details of the last document of title under which the Grantor claims the land), which is described as follows, namely :-II. that the Grantor has constructed on this parcel of land, described in I above, an Apartment Building/Group Housing Scheme, known as.......(enter the name of building/group housing scheme) according to plans attached hereto as Exhibit A, which were approved by the............ (insert name of authority sanctioning the plans and date of sanction, on the day of 198......, and which are made a part thereof as -
(a)Municipal index of property number and ward as.......
(b)Postal address of the building/scheme as
III. That the said property consists of the following :- (insert here the details of scheme as the areas under common buildings and services of roads, public health, electrification and recreational facilities, Numbers and types of blocks, details of apartments and facilities at different levels in each type of block etc.) The various residential apartments of the scheme are all capable of individual utilisation on account of having their own exit to common areas and facility of the building/property scheme; and the apartments will be sold to one or more owners, each owner obtaining a particular and exclusive property rights thereto and each apartment constituting a heritable and transferable immovable property within the meaning of any law for the time being in force in the State (hereinafter be referred to as Dwelling Unit "D.U.") and also an individual interest in the general and/or restricted common areas and facilities of the building/property scheme, as listed hereinafter the declaration deed, necessary for their adequate use and enjoyment, and referred to as
(a)General facilities, for all apartments of the scheme;
(b)Common facilities for dwelling units of individual block; and
(c)Restricted common facilities for D.U.'s on same floor of individual all the block above in accordance with Haryana Apartment Ownership Act, 1983.
IV. That the aforesaid building/housing scheme has a total building area of.......Square metres on all floors, of which.......square metres will constitute the dwelling units and remaining....Square metres will constitute the general and/or restricted common areas and facilities.V. that this condominium shall be known as "....." (insert the building/scheme as given in II above) and that the dwelling Units and Common areas/facilities of the building/scheme shall be as follows and as shown in the drawing as Exhibit B.Dwelling Units
Block index Floor Type of D.U's. Description of D.U's. Built-up area of D.U's. Numbers of such D.U's. Number of such block
A Ground A-1        
    A-2        
    A-3        
  First A-11        
    A-12        
    A-13        
  Second A-21        
    A-22        
B Ground B-1        
    B-2        
    B-3        
  First B-11        
    B-12        
    B-13        
  Second B-21        
    B-22        
The said dwelling units shall be systematically numbered indicating the block, floor and apartment number.The area of D.U's. include all outer walls and one half of common walls.Common Areas and Facilities. - In the parcel of land described in para I of this deed, consists of common approach roads, car parking, land-scape and parks, community centres, Lounges, corridors, staircases, lifts and common services and equipments, etc. as detailed below :-
(a)General common areas and facilities for complete scheme;
(b)Common facilities restricted for D.U's. of individual blocks :-
block (A) ..... block (B) ...... block (C) .........
(c)Common facilities restricted for floor-wise use, block-A
(floor one) ...... (floor two) ...... (floor three)...........block B (floor one) ...... (floor two)..........VI(a) that the right, title and interest of each owner of a dwelling unit in general common areas and facilities listed in para V(2)(a) and their proportionate share in the profit and common expenses in the said general common areas and facilities as well as the representation for voting purpose in the meeting of the Association of Apartment Owners of the ...... condominium is based on the proportionate value of each D.U. to the total value of all such D.U's. as follows :-Total Volume of all the Dwelling Units in the scheme Rs. ........
Type of Dwelling units Value of each D.U. Percentage of interest in common facilities and voting Total number of such D.U's Total percentage 3 and 4
100% G.T.        
(b)that the right, title and interest of each owner of a Dwelling unit in different blocks and on different floors, in the restricted common facilities for different blocks and different floors as listed in paras V(2)(b) and V(2)(c) respectively, and their proportionate share in the profit and common expenses in the said sets of restricted common areas and facilitates, as well as the proportionate representation of voting purpose with respect to the said restricted common areas and facilities in the meeting of Association of Apartment Owners of the ...... condominium is based on the proportionate value of each Dwelling unit to the total value of all D.U's. located in that block and on their respective floors as follows :-
Total value of all dwelling units in each block and floor is :-Block A Total Rs. ..... G. floor Rs. ...... 1st floor Rs. .....Etc. floor Rs. .....Block B Total Rs. .... G. floor Rs. ..... 1st floor Rs. ......Etc. floor Rs. ......
Block Floor Type of D.U. Value of such D.U. Percentage of restricted common facilities and voting  
        Block-wise Floor-wise
1 2 3 4 5 6
Nos. of each D.Us. Totals of %
In this block In this floor Block-wise Floor-wise
7 8 9 10
(c)The proportionate representation for voting purpose provided in (a) and (b) hereof may be limited in accordance with the provision of by-laws attached hereto as Exhibit B.
(d)Apartment/apartments and the percentage of undivided interests in the common areas and facilities appertaining to the apartment/each apartment, are not encumbered in any manner whatsoever on the date of this declaration.
VII. That the Administration of ..... Condominium consisting as aforesaid of the building and parcel of land described in paragraphs first and fifth of this deed shall be in accordance with the provisions of this Deed and with the provisions of the by-laws which are made a part of this Deed and are attached hereto as Exhibit B;VIII. That as appears above a plan of apartment ownership is hereby constituted under and subject to the provisions of the Haryana Apartment Ownership Act, 1983, so that the family units of the .... upper floors may be conveyed and registered as individual properties capable of independent use, on account of each having its own exits to a common area and facility of the building, each family unit owner having an exclusive and particular right, title and interest over his respective family unit and in addition to the specified undivided interest in the common areas and facilities and/or restricted common areas and facilities;IX. That for the purposes of stamp duty and registration fees to be imposed on the registration of this deed in the Register of declarations and deeds of Apartment under Section 13(5) the value of the .... Condominium is distributed as follows :-
(a)Parcel of land described in paragraph first hereof is valued at Rs. .....;
(b)the building described in paragraphs second and third thereof is valued at Rs. ..... (Rupees .....);
X. that so long as the Grantor owns one or more of the family units the Grantor shall be subject to the provisions of this deed and of the Exhibits A and B attached hereto and the Grantor covenants to take no action which will adversely affect the rights of the Association of Apartment owners with respect to assurances against latent defects in the building or other rights assigned to the association by reason of the establishment of the ......... condominium;XI. that the general and/or restricted common areas and facilities shall remain undivided and no owner shall bring any action for partition or division thereofXII. that the percentage of the undivided interest in the general and/or restricted common areas and facilities established herein shall not be changed except with the unanimous consent of all the apartment owners expressed in amendment to this deed duly registered;XII. that the undivided interest in the general and/or restricted common areas and facilities shall not be separated from the family unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument;XIIV. that each apartment owner shall comply with the provisions of this deed, the by-laws, decisions and resolutions of the association of apartment owners or its representative, and failure to comply with any such provisions, decision or resolution, shall be grounds for an action to recover sums due for damages, or for injunctive relief;XV. that the dedication of the property to the plan of apartment ownership herein shall not be revoked, or the property removed from plan of apartment ownership, or any of the provisions herein amended unless all of the apartment owners and the mortgagees of all the mortgages covering the units unanimously agree to such revocation, or amendment or removal of the property from the plan by duly registered instruments;XVI. that no apartment owner of a family unit may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the general and/or restricted common areas and facilities or by the abandonment of his family unit;XVII. all sums assessed by the association but unpaid for the share of the common expenses chargeable to any family unit shall constitute a charge on such family unit prior to all other charges except only (1) charge, if any, on the family unit for payment of Government or Municipal taxes or both, and (2) all sums unpaid on a first mortgage of the apartment;XVIII. that all present or future owners, tenants, future tenants or any other person that might use the facilities of the building in any manner, are subject to the provisions of this deed and that the mere acquisition or rental of any of the family units of the building or the mere act of occupancy of any of the said units shall signify that the provisions of this deed are accepted and ratified. The respective family units shall not be rented or given on leave and licence or care taker basis by the apartments owners thereof for transient or hotel purposes, which shall be defined as (a) rent 1 compensation or compensation for any period less than thirty days, or (b) any rental or if the occupants of the family unit are provided customary hotel or boarding or lodging or paying guest services other than the foregoing obligations, the apartment owners of the respective family units shall have the absolute right to lease such unit or give it on leave and licence or care taker basis provided that the said lease or leave or licence or care taker basis is made subject to the covenants and restrictions contained in this declaration and further subject to the Bye-laws in Exhibit-B attached hereto :XIX. that if the property, subject to the plant of Apartment Ownership is totally or substantially damaged or destroyed, the repair, reconstruction, or disposition of the property shall be as provided by the Haryana Apartment Ownership Act, 1983;XX. that where a family unit is sold by a mortgage in exercise of his powers of sale under an English mortgage or by a Court in execution of a decree in a suit brought by a mortgagee against the owner of such family unit, then neither the mortgagee nor the purchaser who derives title to be family unit at such sale or his successors or assigns shall be liable for assessments by the association which became due prior to the acquisition of title by such acquirer, it being understood, however, that the above shall not be construed to prevent the association of apartment owners from filing and claiming charge for such assessments and enforcing same as provided by law, and that such charge shall be subordinate to such mortgage;XXI. that in a voluntary conveyance of a family unit the grantee of the unit shall be jointly and severally liable with the Grantor for all unpaid assessments by the association of apartment owners against the latter for his share of the common expenses upto the time of the grant or conveyance without prejudice to the grantee's right to recover from the Grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the Manager or Board of Managers of the association as the case may be, setting forth the amount of the unpaid assessments against the Grantor due to the association and such grantee shall not be liable for, nor shall the family unit conveyed be subject to a charge for, any unpaid assessments made by the association of apartment owners against the Grantor in excess of the amount therein, set forth;XXII. that the Manager or Board of Managers of the association shall obtain and continue in effect blanket property insurance in form and amounts satisfactory to mortgages holding first mortgages covering family units but without prejudice to the right of the owner of a family unit to obtain individual family unit insurance;XXIII. that insurance premium for any blanket insurance coverage shall be a common expense to be paid by monthly assessments levied by the association of apartment owners; and that such payment shall be held in a separate account of the association and used solely for the payment of the blanket property insurance premium as such premiums become due.In witness whereof Shri....set his hand this.......day of......19Signed and delivered byIn presence of -