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DELHI APARTMENT OWNERSHIP ACT, 1986
58 of 1986
December 23, 1986
An Act to provide for the ownership of an individual apartment in a multistoreyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable and for matters connected therewith or incidental thereto Whereas with a view to securing that the ownership and control of the material resources of the community are so distributed as to subserve the common good, it is expedient to provide for the ownership of an individual apartment in a.multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment, and to make such apartment and interest heritable and transferable and to provide for matters connected therewith or incidental thereto; Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-
Prefatory Note-Statement of Objects and Reasons.-The Delhi Apartment Ownership Bill, 1986 seeks to achieve the object of enabling the conferment of heritable and transferable right in an apartment including its proportionate and undivided interest in land and other common areas. The scarcity of land in Delhi because of very rapid urbanisation has led to a vertical growth of buildings. Multi-storeyed residential buildings, integrated development of commercial institutional and industrial areas and flatted factories have resulted in a marked increase in the number of multi-storeyed buildings in Delhi containing ft number of apartments, sharing land and other common facilities. In the case of flats constructed by agencies like the Delhi Development Authority, while the super-structure is conveyed to the allottee, the land is conveyed to a registered agency and the allottees jointly which, apart from separating the ownership of land and super-structures, interposes the registered agency in future transfers of properties. In the case of co-operative societies, difficulties are experienced in obtaining loans in the absence of a mortgageable title in an apartment constructed on indivisible land, the title to which rests in the society. The exist- ing arrangements also involve the intervention of the Government and agencies like the Delhi Development Authority in the litigation or dispute regarding management of common areas which arise between the lessees and the buyers of the apartments. The legislation therefore proposes to meet the persistent demand for statutory recognition of an apartment as a unit of property, capable of transfer and for a statutory organisation clothed with adequate powers for management of common areas in multi-storeyed buildings.
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Delhi Apartment Ownership Act, 1986.
(2) It extends to the whole of the Union territory of Delhi.
(3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint.
SECTION 02: APPLICATION
-The provisions of this Act shall apply to every apartment in a multi -storeyed building which was constructed mainly for residential or commercial or such other purposes as may be prescribed, by-
(a) any group housing co-operative society; or
(b) any other person or authority, before or after the commencement of this Act and on a free-hold land, or a lease-hold land, if the lease for such land is for a period of thirty years or more: Provided that, where a building constructed, whether before or after the commencement of this Act, on any land contains only two or three apart- ments, the owner of such building may, by a declaration duly executed and registered underthe provisions of the Registration Act, 1908 (16 of 1908), indicate his intention to make the provisions of this Act applicable to such building, and on such declaration being made, such owner shall execute and register a Deed of Apartment in accordance with the provisions of this Act, as if such owner were the promoter in relation to such building.
SECTION 03: DEFINITIONS
-In this Act, unless the context otherwise requires,-
(a) "Administrator" means the Administrator of the Union territory of Delhi appointed by the President underArticle 239 of the Constitution-;
(b) "allottee", in relation to an apartment, means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter;
(c) "apartment" means a part of any property, intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or any part or parts thereof, in a multi-storeyed building to be used for residence or office or for the practice of any profession, or for the carrying on of any occupation, trade or business or for such other type of independent use as may be prescribed, and with a direct exit to a public street, road or highway, or to a common area leading to such street, road or highway, and includes any garage or room (whether or not adjacent to the multi-storeyed building in which such apartment is located) provided by the promoter for use by the owner of such apartment for parking any vehicle or, as the case may be, for the residence of any domestic aide employed in such apartment;
(d) "apartment number" means the number, letter or combination thereof, designating an
apartment ;
(e) "apartment owner" means the person or persons owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed of Apartment;
(f) "Association of Apartment Owners",-
(i) in relation to a multi-storeyed building not falling within sub-clause (ii), means all the owners of the apartments therein;
(ii) in the case of the multi-storeyed buildings in any area, designated as a block, pocket or otherwise, means all the owners of the apartments in such block, pocket or other designated area, acting as a group in
accordance with the bye-laws;
(g) "authority" includes any authority constituted or established by or under any law for the time being in force ;
(h) "Board" means the Board of Management of an Association of Apartment Owners elected by its members under the bye-laws ;
(i) "bye-laws" means the bye-laws made under this Act;
(j) "common areas and facilities", in relation to a multi-storeyed building, means-
(i) the land on which such building is located and all easements, rights and appurtenances belonging to the land and the building;
(ii) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire - escapes and entrances and exits of the building;
(iii) the basements, cellars, yards, gardens, parking areas, shopping centres, schools and storage spaces ;
(iv) the premises for the lodging of janitors or persons employed for the management of the property ;
(v) installations of central services, such as, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, incinerating and sewerage;
(vi) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;
(vii) such other community and commercial facilities as may be prescribed; and
(viii) all other parts of the property necessary or convenient to its existence, maintenance and safety, or
normally in common use;
(k) "common expenses" means-
(i) all sums lawfully assessed against the apartment owners by the Association of Apartment Owners for meeting the expenses of administration, maintenance, repair or replacement of the common areas and facilities;
(ii) expenses declared as common expenses by the provisions of this Act or by the bye -laws, or agreed upon by the Association of Apartment Owners;
(l) "common profits' means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses;
(m) "competent authority" means,-
(i) a Secretary in the Delhi Administration, or
(ii) the Vice-Chairman of the Delhi Development Authority, or
(iii) the Land and Development Officer of the Central Government, who may be authorised by the Administrator, by notification in the Official Gazette, to perform the functions of the competent authority under this Act;
(n) "Deed of Apartment" means the Deed of Apartment referred to inSection 13-;
(o) "Delhi" means the Union territory of Delhi;
(p) "joint family" means a Hindu undivided family, and in the case of other persons, a group or unit, the members of which are by custom, joint in possession or residence;
(q) "limited common areas and facilities" means those common areas and facilities which are designated in writing by the promoter before the allotment, sale or other transfer of any apartment as reserved for use of certain apartment or apartments to the exclusion of the other apartments ;
(r) "Manager" means the Manager of an Association of Apartment Owners appointed under the bye-laws;
(s) "multi-storeyed building" means a building constructed on any land, containing four or more apartments, or two or more buildings in any area designated as a block, pocket or otherwise, each containing two or more apartments, with a total of four or more apartments in all such buildings, and includes a building containing two or three apartments in respect of which a declaration has been made under the proviso toSection 2-;
(t) "owner", in relation to an apartment, includes, for the purposes of this Act, a lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more;
(u) "person" includes a firm and a joint family, and also includes a group housing co-operative society;
(v) "prescribed" means prescribed by rules made under this Act;
(w) "promoter" means the authority, person or co-operative society, as the case may be, by which, or by whom, any multi-storeyed building has been constructed ;
(x) "property" means the land, the multi-storeyed building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith.
SECTION 04: OWNERSHIP OF APARTMENTS
(1) Every person to whom any apartment is allotted, sold or otherwise transferred by the promoter, on or after the commencement of this Act, shall, save as otherwise provided inSection 6-, and subject to the other provisions of this Act, be entitled to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him.
(2) Every person to whom any apartment was allotted, sold or otherwise transferred by the promoter before the commencement of this Act, shall, save as otherwise provided underSection 6- and subject to the other provisions of this Act, be entitled, on and from such commencement, to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him.
(3) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub-section (1) or sub-section (2) shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the Deed of Apartment and such percentage shall be computed by taking, as a basis, the value of the apartment in relation to the value of the property.
(4) (a) The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character, and shall not be altered without the written consent of all the apartment owners;
(b) the percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument.
(5) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, and any covenant to the contrary shall be void.
(6) Each apartment owner may use the common areas and facilities in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners.
(7) The necessary work relating to maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto, shall be carried out only in accordance with the provisions of this Act and the bye-laws.
(8) The Association of Apartment Owners shall have the irrevocable right, to be exercised by the Board or Manager, to have access to each apartment from time to time during reasonable hours for the maintenance, repairs or replacement of any of the common areas or facilities therein, or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to any other apartment or apartments.
SECTION 05: APARTMENT TO BE HERITABLE AND TRANSFERABLE
-Subject to the provisions ofSection 6-, each apartment, together with the undivided interest in the common areas and facilities appurtenant to such apartment, shall, for all purposes constitute as a heritable and transferable immovable property within the meaning of any law for the time being in force, and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings, remedy and to penalty, forfeiture or punishment as any other immovable property or make a bequest of the same under the law applicable to the transfer and succession of immovable property : Provided that where the allotment, sale or other transfer of any apartment has been made by any group housing co-operative society in favour of any member thereof, the transferability of such apartment and all other matters shall be regulated by the law applicable to such group housing co-operative society.
SECTION 06: OWNERSHIP OF APARTMENT SUBJECT TO CONDITIONS
-Where any allotment, sale or other transfer of any apartment has been made, whether before or after the commencement of this Act, in pursuance of any promise of payment, or part payment, of the consideration thereof, the allottee or transferee, as the case may be, shall not become entitled to the ownership and possession of that apartment or to a percentage of undivided interest in the common areas and facilities appurtenant to such apartment, until full payment has been made of the consideration thereof together with interest, if any due thereon, and where any such allottee or transferee has been inducted into the possession of such apartment or any part thereof in pursuance of such allotment or transfer, he shall, until the full payment of the consideration has been made, continue to remain in possession thereof on the same terms and conditions on which he was so inducted into possession of such apartment or part thereof.
SECTION 07: COMPLIANCE WITH THE COVENANTS AND BYE-LAWS
-Each apartment owner shall comply strictly with the bye-laws and with the covenants, conditions and restrictions set forth in tile Deed of Apartment, and failure to comply with any of them shall be a ground for action to recover sums due for damages, or for injunctive relief, or both, by the Manager or Board on behalf of the Association of Apartment Owners, or, in a proper case, by an aggrieved apartment owner.
SECTION 08: RIGHT OF RE-ENTRY
(1) Where any land is given on lease by a person (hereafter in this section referrred to as the lessor) to another person (hereafter in this section referred to as the lessee, which term shall include a person in whose favour a sub-lease of such land has been granted), and any multistoreyed building has been constructed on such lease-hold land by the lessee or by any other person authorised by him or claiming through him, such lessee shall grant in respect of the land as many sub-leases as there are apartments in such multi-storeyed building and shall execute separate deeds of sub-lease in respect of such land in favour of each apartment owner,-
(a) in the case of a multi-storeyed building constructed before the commencement of this Act, within three months from such commencement, or
(b) in the case of a multi-storeyed building constructed after the commencement of this Act, within three months from the date on which the possession of any apartment in such multi-storeyed building is delivered to him: Provided that no sub-lease in respect of any land shall be granted except on the same terms and conditions on which the lease in respect of the land has been granted by the lessor and no additional terms and conditions shall be imposed by the lessee except with the previous approval of the lessor.
(2) Where the lessee has any reason to suspect that there had been any breach of the terms and conditions of the sub-lease referred to in sub-section (1), he may himself inspect the land on which the multi-storeyed building containing the concerned apartment has been constructed, or may authorise one or more persons to inspect such land and make a report as to whether there had been any breach of the terms and conditions of any sublease in respect of such land and, if so, the nature and extent of such breach, and for this purpose, it shall be lawful for the lessee or any person authorised by him to enter into, and to be in, the land in relation to which such breach has been or is suspected to have been committed.
(3) Where the lessee or any person authorised by him makes an inspection of the land referred to in sub-section (1), he shall record in writing his findings on such inspection [a true copy of which shall be furnished to the apartment owner by whom such breach of the terms and conditions of sub-lease in respect of the land appurtenant to the apartment owned by him has been committed (hereinafter referred to as the defaulting apartment owner)] and where such findings indicate that there had been any breach of the terms and conditions of the sub-lease in respect of such land, the lessee may, by a notice in writing, require the defaulting apartment owner to refrain from committing any breach of the terms and conditions of the sub-lease in respect of such land, or to pay in lieu thereof such composition fees as may be specified in the notice in accordance with such scales of composition fees as may be prescribed.
(4) The defaulting apartment owner who is aggrieved by any notice served on him by the lessee under sub-section (3) may, within thirty days from the date of service of such notice, prefer an appeal to the Court of the District Judge having jurisdiction (hereinafter referred to as the District Court), either challenging the finding of the lessee or any person authorised by him or disputing the amount of composition fees as specified in the notice, and the District Court may, after giving the parties a reasonable opportunity of being heard, confirm, alter or reverse those findings or may confirm reduce or increase the amount of composition fees or set aside the notice.
(5) Where, on the breach of any terms and conditions of any sub-lease in respect of any land, any composition fees become payable, the defaulting apartment owner shall be deemed to have been guilty of such breach and in default of payment thereof it shall be lawful for the lessee to recover the amount of the composition fees from the defaulting apartment owner as an arrear of land revenue.
(6) Where any composition fees are paid whether in pursuance of the notice served under subsection
(3) or in accordance with the decision of the District Court or a higher court on appeal, no further action ahall be taken by the lessee for the breach of the terms and conditions of the sublease in respect of the land in relation to which payment of such composition fees has been made.
(7) If the defaulting apartment owner omits or fails to refrain from committing any breach of the terms and conditions of the sub-lease in respect of the land or, as the case may be, omits or fails to pay the composition fees in lieu thereof-
(i) in accordance with the notice issued by the lessee under subsection (3), or
(ii) where the findings of the lessee or the person authorised to inspect the land about any breach of the terms and conditions of any sub -lease in respect of the land or the amount of composition fees specified in the notice issued by the lessee are altered by the District Court on appeal or by any higher court on further appeal, in accordance with the decision of the District Court or such higher court, as the case may be, the lessee shall be entitled,-
(a) where no appeal has been preferred under sub-section (4), within sixty days from the date of service of the notice under sub-section
(3), or
(b) where an appeal has been preferred under sub-section (4), within sixty days from the date on which the appeal is finally disposed of by the District Court or, where any further appeal is preferred to a higher court, by such higher court, to exercise the right of re -entry in respect of the undivided interest of the lessee in the land appurtenant to the apartment owned by the defaulting apartment owner, and where such right of re-entry cannot be exercised except by the ejectment of the defaulting apartment owner from his apart- ment, such right of re-entry shall include a right to eject the defaulting apartment owner from the concerned apartment : Provided that no such ejectment shall be made unless the defaulting apartment owner has been paid by the lessee such amount as compensation for such ejectment as may be determined in accordance with the prescribed scales of compensation.
(8) No appeal preferred under sub-section (4) shall be admitted, unless twenty -five per cent of the composition fees specified in the notice served on the defaulting apartment owner has been deposited to the credit of the District Court in savings bank account to be opened by the District Court in any branch of an approved bank : Provided that the District Court may, on sufficient cause being shown, either remit or reduce the amount of such deposit, and the interest accruing on such deposit, shall enure to the credit of defaulting apartment owner by whom such deposit has been made : Provided further that the amount of such deposit together with the interest due thereon shall be distributed by the District Court in accordance with the decision in such appeal, or where any further appeal has been preferred against such decision, in accordance with the decision in such further appeal.
(9) The defaulting apartment owner, who is aggrieved by the amount offered to be paid to him under the proviso to sub -section (7) as compensation for ejectment from his apartment may, within thirty days from the date of such offer, prefer an appeal to the District Court and the District Court may , after giving the parties a reasonable opportunity of being heard, maintain, increase or reduce the amount of compensation.
(10) On the ejectment of the defaulting apartment owner from the apartment under sub-section (7), the lessee by whom such ejectment has been made may make a fresh allotment of the concerned apartment to any other person on such terms and conditions as he may think fit: Provided that the consideration for such fresh allotment shall not be more than the amount which has been paid to the defaulting apartment owner as compensation.
(11) Where any lessee omits or fails to take any action either in accordance with the provisions of sub-section (2) or sub -section (3) or sub-section (7), the lessor may, in the first instance, require the lessee by a notice in writing to take action against the defaulting apartment owner under sub- section (2) or sub-section (3) or, as the case may be, under sub -section (7), within a period of ninety days from the date of service of such notice, and in the event of the omission or failure of the lessee to do so within such period, the lessor may himself take action as contained in sub-section (2) or sub-section (3) or sub-section (7), and the provisions of sub-section (4) to sub-section (6) and sub-section (8) to sub -section (10), shall, as far as may be, apply to any action taken by him as if such action had been taken by the lessee.
(12) For the removal of doubts, it is hereby declared that no work in any apartment by the owner thereof shall be deemed to be a breach of the terms of the sub-lease in respect of the land on which the multi -storeyed building containing such apartment has been constructed unless the work is prohibited bySection 11 -.
Explanation.-In this section, "approved bank" means the State Bank of India constituted underSection 3 of the State Bank of India Act, 1955 (23 of 1955), or a subsidiary bank constituted underSection 3 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), or a corresponding new bank constituted underSection 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970)-, or a corresponding new bank constituted underSection 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980)-.
SECTION 09: PURCHASERS OR PERSONS TAKING LEASE OF APARTMENTS FROM APARTMENT OWNERS TO EXECUTE AN UNDERTAKING
-Notwithstanding anything contained inthe Transfer of Property Act, 1882 (4 of 1882)-, or in any other law for the time being in force, any person acquiring any apartment from any apartment owner by gift, exchange, purchase or otherwise, or taking lease of an apartment from an apartment owner for a period of thirty years or more, shall,-
(a) in respect of the said apartment, be subject to the provisions of this Act ; and
(b) execute and register an instrument in such form, in such manner and within such period as may be prescribed giving an undertaking to comply with the covenants, conditions and restrictions, subject to which such apartment is owned by the apartment owner aforesaid.
SECTION 10: BENAMIDAR OF THE APARTMENT TO BE DEEMED TO BE THE REAL OWNER
-If any apartment is acquired by any person, whether by allotment, sale or otherwise with the consideration thereof paid or provided by another person, the acquirer shall, notwithstanding anything contained inthe Transfer of Property Act, 1882 (4 of 1882)-, or inthe Indian Trusts Act, 1882 (2 of 1882), or in any other law for the time being in force, be deemed to be the real owner of such apartment, and no court shall entertain any claim of the person paying or providing such consideration for title to such apartment on the ground that the acquisition of the apartment was made on behalf of such person or on behalf of someone through whom such person claims.
SECTION 11: CERTAIN WORKS PROHIBITED
-No apartment owner shall do any work which would be prejudicial to the soundness or safety of the property or reduce the value thereof or impair any easement or hereditament or shall add any material structure or excavate any additional basement or cellar without first obtaining the consent of all the other apartment owners.
Explanation.-In this section, reference to apartment owners shall be construed, in relation to a multi-storeyed building in any block, pocket or other designated area, the apartment owners of the concerned multi-storeyed building in such block, pocket or other designated area.
SECTION 12: ENCUMBRANCES AGAINST APARTMENTS
(1) The owner of each apartment may create any encumbrance, only against the apartment owned by him and the percentage of the undivided interest in the common areas and facilities appurtenant to such apartment in the same manner and to the same extent as may be created in relation to any other separate parcel of property subject to individual ownership : Provided that where any such encumbrance is created, the apartment in relation to which such encumbrance has been created shall not be partitioned or sub-divided.
(2) No labour performed or material furnished with the consent, or at the request, of an apartment owner or his agent or his contractor or subcontractor, shall be the basis for a charge or any encumbrance under the provisions ofthe Transfer of Property Act, 1882 (4 of 1882)-, against the apartment or property of any other apartment owner not expressly consenting to, or requesting the same, except that such express consent shall be deemed to be given by the other apartment owner in the case of emergency repairs thereto.
(3) The labour performed and material furnished for the common areas and facilities, if duly authorised by the Association of Apartment Owners in accordance with the provisions of this Act, or the bye-laws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the apartments and shall be subject to the provisions of sub-section (4).
(4) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartments may remove their apartments and the percentage of undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance on payment of the fractional or proportional amounts attributable to each of the apartments affected and on such payment, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free of the charge or encumbrance so removed: Provided that such partial payment shall not prevent the person having a charge or any of the encumbrances from proceeding to enforce the rights, in relation to the amount not so paid, against any other apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment.
(5) On any such payment, discharge or other satisfaction, referred to in sub-section (4), the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the charge or encumbrance, so paid, satisfied or discharged.
SECTION 13: CONTENTS OF DEED OF APARTMENT
(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 freehold 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 layout 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 manner 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.
(2) The promoter shall-
(a) file in the office of the competent authority, and
(b) deliver to the concerned allottee or transferee as the case may be, a certified copy of each Deed of Apartment as registered underSection 14 -.
(3) 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 the Deed of Apartment delivered to him under sub-section (2) after making an endorsement thereon as to the name, address and other particulars of the transferee, to enable the transferee to get the endorsement on the certified copy of the Deed of Apartment registered in accordance with the provisions ofSection 14 -.
(4) Whenever any succession takes place to any apartment or part thereof, the successor shall, within a period of six months from the date of such succession, make an application to the competent authority for recording such succession on the certified copy of the Deed of Apartment in relation to the concerned apartment, and if there is any dispute as to the succession to the apartment, the competent anthority shall decide the same, and for this purpose, such auch authority shall have the powers of a civil court, while trying a suit, and its decision shall have effect of a decree and shall be appealable as if it were a decree passed by the principal civil court of original jurisdiction.
(5) Whenever any succession to an apartment has been recorded by the competenet authority under sub -section (4), such authority shall send a true copy of such record, to the concerned Registrar for registration thereof in accordance with the provisions ofSection 14-.
(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.
SECTION 14: REGISTRATION OF DEED OF APARTMENT
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