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[Cites 0, Cited by 11] [Section 13] [Entire Act]

Union of India - Subsection

Section 13(1) in The Delhi Apartment Ownership Act, 1986

(1)Whenever any allotment, sale or other transfer of any apartment is made, the promoter shall,—
(a)in the case of an allotment, sale or other transfer made after the commencement of this Act, within three months from the date of such allotment, sale or other transfer, or
(b)in the case of any allotment, 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 name of the allottee,
(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, and if lease-hold, the period of such lease,
(iii)a set of floor plans of the multi-storeyed building showing the lay-out and location, number of apartments and bearing a 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,
(iv)description of the multi-storeyed 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 interest appertaining to the apartment in the common areas and facilities,
(vii)description of the 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 are not encumbered in any number 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 service of 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.