Section 14 in The Punjab Apartment Ownership Act, 1995
14. Conveyance 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, as the party in the first part and party in the second part respectively, within three months from the date of such allotment, sale or other transfer, execute a conveyance deed of apartment, containing the following particulars, namely,-(a)the name, address and other particulars of the allottee;(b)the 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, and the postal address of the property;(c)a floor plan of the building showing the layout and location of the apartment, and bearing the verified statement of an architect 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;(d)the description of the building, stating the number of storeys and basement, the number of apartments in that building and the main material 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 building regulations;(f)the description of the common areas and facilities appurtenant to such apartment;(g)the description of the limited common areas and facilities, if any, stating to which apartments their use is reserved;(h)the 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 conveyance deed of apartment;(i)the statement of the purposes 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 other details which the parties to the conveyance 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 conveyance deed of apartment in relation to any apartment within the period of three months, it may permit the promoter to execute such conveyance deed of apartment within such further period, not exceeding six months, as it may specify:Provided further that the State Government may grant further extension if it is satisfied that it is necessary to do so: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 conveyance deed of apartment within six months of such commencement or within the period of extension granted by the competent authority or the State Government:Provided further that the non-execution of a lease between the lessor and the lessee, or the alleged breach of any condition of the original agreement regarding allotment between the promoter and the allottee, shall not be considered sufficient cause for the promoter for not executing the conveyance 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 conveyance deed of apartment, a 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 conveyance deed of apartment or the hire-purchase agreement as registered under section 16.(4)Whenever any transfer of an 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 the conveyance 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 endorsement registered in accordance with the provisions of section 16.(5)The execution of the conveyance deed of apartment under this section 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 an heritable and transferable property in terms of sections 4 and 6.(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)In the absence of any agreement to the contrary, the stamp duty and the registration fee for a conveyance deed of apartment or an endorsement thereon or a sub-lease, shall be borne by the allottee, transferee or the sub-lessee, as the case may be.
