Section 21 in The Bihar Apartment Ownership Act, 2006
21. Enforcement of Transfer.
(1)If the Promoter of the Apartment as the case may be, fails to execute a Deed of Apartment or an endorsement thereon, within six months of the date on which possession of the Apartment is given or where the competent authority or the State Government has granted extension of period, on expiry of such extended period, the competent authority may either on a complaint or suo motu impose a penalty up-to maximum of Rs. two thousand five hundred per Apartment and also may impose minimum penalty for each Apartment of fifty rupees for every day subject to maximum of Rs. Twenty Thousand if the default continues, and the penalty may be recovered as arrears of land revenue. This penalty shall be in addition to any action under the Stamp Act or Registration Act, 1908.(2)On the failure of the Promoter to execute the Deed of Apartment within the time stated above in sub-section (1) the allottee may make an application to the competent Authority.(3)On the failure of the Apartment owner to make an endorsement of the transfer of an Apartment on the Deed of Apartment within the time agreed upon, the Promoter may make an application to the competent Authority.(4)The application under sub-sections (2) and (3) as the case may be, shall be given in prescribed form in writing in the office of the competent authority of the area for certificate to be produced before the Registration officer for enforcing the registration of the transfer. After making such enquiry as may be necessary and satisfying itself that the applicant has done what he is required to do under the agreement, the competent Authority shall issue a certificate to the concerned Registration Officer within a period of two months from the date of application that it is a fit case for enforcing registration and shall further direct the applicant to present the Deed of Apartment though not executed by the other party, for unilateral execution and registration. The Registering Authority shall register the instrument. Notwithstanding anything contained in the Transfer of Property Act, 1882 or the Registration Act, the registration of the instrument made under this section shall be sufficient to vest the property with the applicant. Service charges of Rs. two thousand five hundred along with each application shall be charged by the competent authority whoever is defaulter i.e., Promoter/Owner/Allottee.
