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 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:
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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 under section 14.
(3) Whenever may 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 of section 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 authority shall
decide be same, and for this purpose, such 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 competent 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 of section 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.
