Deed of Declaration
[Under Rule 3 of the Maharashtra Apartment Ownership Rules, 1972]
This Deed of Declaration is made and executed at_____, this______ day of_____, 20____ by ABC Pvt. Ltd., a private limited company engaged in the business of real estate development and building construction, registered and incorporated under the Companies Act, 1956/2013, having its registered office at__________, through its duly authorised Director Shri______________, hereinafter, for the sake of brevity, referred to as “Developer Grantor”, who is fully empowered and qualified to execute this Deed of Declaration.
NOW THIS DEED OF DECLARATION WITNESSESTH AS HEREUNDER:-
FIRST:- That the “Developer Grantor” is absolutely seized and possessed of a piece and parcel of land being and situate at CS/CSN/SN____ in the Revenue Division________, location_____________, Town/City/District__________, State___________, admeasuring__________ sq.mt. (_____sq. feet) (hereinafter, for the sake of brevity, referred to as the “Said Land”) which is more particularly described in the Schedule of Property appended hereto, which land the “Developer Grantor” purchased from its predecessor owner Mr/Mrs/Mis_______________________, an adult Indian inhabitant of________________________, under a duly executed Sale Deed, which was registered in the office of the Sub-Registrar,_________, vide Entry No______, Pages Nos___ to___, Volume_____, Book_____, dated_______.
SECOND:- That the “Developer Grantor” has constructed on the “Said Land” described above a building known as___________, according to the Plans attached hereto as Exhibit “A” which were approved by the__________ Municipal Corporation/Municipal Council/Board/MMRDA etc. on_______ and which are made a part thereof. The Municipal or Ward No, Street no and House No of the aforesaid building (hereinafter, for the sake of brevity, referred to as the “Said Building”) are as follows:-___________________________________. The Postal address of the building is _______________________________. For the purpose of proper identification the “Said Building” is described at length in the Schedule of Property appended hereto.
THIRD:- That the “Said Building” consists of a basement, a ground floor and_____ upper floors. The basement will be used for the storage of building construction material, electrical apparatus and other sundry articles. The ground floor will be used for commercial facilities as well as for the common purposes. The______ upper floors consist of individual apartments which are earmarked for residential purpose. The____ upper floors are all capable of individual utilisation on account of having their own exist to common areas and facilities of the building and these apartments will be sold to one or more owners, each owner obtaining a particular and exclusive property rights thereto and each apartment constituting a heritable and transferable immoveable property within the meaning of any law for the time being in force in the State (hereinafter, for the sake of brevity, referred to as the “Family Unit”) and also an undivided interest and share in the general and/or restricted common areas and facilities of the “Said Building” as set out hereinafter in this Deed, necessary for their adequate use and enjoyment in conformity with the provisions of the Maharashtra Apartment Ownership Act, 1970 and the Maharashtra Apartment Ownership Rules, 1972 (hereinafter, for the sake of brevity, referred to as the “General and/or restricted common areas and facilities”)
FOURTH:- That the “Said Building” has a total building area of______ sq. metres of which____ sq. metres will constitute Family Units and_____ sq. metres will constitute “General and/or restricted common areas and facilities”.
FIFTH:- That this Condominium/Apartment Building shall be known as “The___________ Condominium, and the Family Units and the “General and/or restricted common areas and facilities” of the “Said Building” will be as under:-
- Family Units:- Upper Floors:-
In each of the ____ upper floors, there are____ Family Units. The said Family Units will be numbered consecutively from one to_____ on each floor. These numbers will be preceded by a multiple of ten which corresponds to each respective floor. Those of the First floor will bear the number “101”, “102” etc; those of the second floor will bear the numbers “201”, “202” etc. and those of the higher floors will be numbered similarly according to the multiple of ten which corresponds to the respective floors. Hereinafter, such Family Units will be referred to as Family Unit Type Number One, Family Unit Type Number Two etc., respectively.
Each Family Unit is equipped with the following fixtures, fittings, furniture and amenities.—
(a) One electrical switch board in each room comprising ___ electric points + ____ plug point as well as____ electrical points in bathroom and toilet each;
(b) One ceiling fan in each of the rooms;
(c) ____cupboard in each of the bedrooms of the dimensions____ x ___ ;
(d) Marble flooring in each room;
(e) Tiled flooring in bathroom and Toilet (Indian Type) + Tiled wall surface upto ceiling level;
The Family Units are described herein below. The measurements of a Family Unit includes all the outside walls and one-half of the block partitions, but exclude bearing walls.
(a) Family Unit Type Number One:- A square shaped apartment admeasuring______ square feet (____square metres) carpet area comprising one drawing room, one bedroom, one kitchen with sink as well as bathroom and toilet (Indian style) + Balcony. The dimension of each of the rooms and sanitary areas and balcony are as mentioned below:-
|1.||Drawing room||—- x —- feet||—— sq. feet|
|2.||Bedroom||—– x —- feet||—— sq. feet|
|3.||Kitchen with sink attached to the platform||—– x —- feet||—— sq. feet|
|4.||Bathroom||—– x —- feet||—— sq. feet|
|5.||Toilet (Indian style)||—– x —- feet||—— sq. feet|
|6.||Internal passage||—– x —- feet||—— sq. feet|
|7.||Balcony facing ____ street||—– x —- feet||—— sq. feet|
This Family Unit has a main door opening into the common doorway-cum-lift lobby serving all the Family Units on the said floor. Its borders are as follows:-
Family Unit Type Number Two:- East side
Family Unit Type Number Three:- West side
_________________ street:- Northern side
Family Unit Type Number Four:- Southern side
The detailed description of this Family Unit is set out in the Building Plan attached to this Deed as Exhibit –‘A’
(b) Family Unit:- Type Number Two:——————-
(c) Family Unit:- Type Number Three:——————-
(d) Family Unit:- Type Number Four:——————-
(e) Family Unit:- Type Number Five:——————-
- Common areas and Facilities:-
(a) The piece and parcel of land as described in paragraph FIRST of this deed;
(b) A single level basement below the____ portion of the “Said Building” of the dimensions___ x ______, admeasuring about____ square metre (square feet);
(c) The following facilities are located in the basement:- ___ storage rooms each of the dimensions _____ x ____ feet, admeasuring about_____ square feet each;
(d) Parking Facilities as shown in Exhibit “A” attached hereto and consisting of____ square metre (________ square feet);
(e) The ground floor as described in Exhibit “A” attached hereto consisting of open space earmarked for vehicle parking, garden lawns, children’s play area, clubhouse, etc admeasuring about_____ square metre (____ square feet);
(f) The following facilities/conveniences are located on the ground floor:-
(i) Two convenience + provisional stores each admeasuring_____ square metre (______ square feet) as described in Exhibit “A” attached hereto;
(ii) Open spaces earmarked for the parking of vehicles of the building residents as described in Exhibit “A”
|Sr.No.||Parking Area Location||Dimensions||Area|
|1.||Eastern side of the “Said Building”||—– x —- feet||—-sq. feet|
|2.||Western side of the “Said Building”||—– x —- feet||—-sq. feet|
|3.||Northern side of the “Said Building”||—– x —- feet||—-sq. feet|
|4.||Southern side of the “Said Building”||—– x —- feet||—-sq. feet|
(iii) A lobby-cum-foyer admeasuring about___ square metre (____ square feet) as described in Exhibit “A” attached hereto;
(g) The following facilities/amenities are located throughout the “Said Building” as set out in Exhibit “A” attached hereto:-
(1) ___________________ elevator/(s);
(2) An elevator shaft of ____ square mt. (_____ sq. feet) for the elevators housed in the_______ portion of the “Said Building”, extending from the basement upto______ floors;
(3) A stairway, referred to in this Deed as Stairway A of_____ square mt. (________ sq. feet) which leads from the basement (_____ portion) to the roof of the “Said Building”;
(4) A Stairway referred to in this Deed as Stairway B of ______ square mt. (_____ sq. feet), which opens form the ground floor lobby to the staircase above_____ floor;
(5) A water tank having_____ litres storage capacity located on the terrace of the “Said Building” (_______portion);
(6) Elevator Room with corresponding elevator equipment located on the roof of the “Said Building”;
(7) Plumbing network throughout the “Said Building”;
(8) Electric wiring network throughout the “Said Building”;
(9) Necessary light, telephone and public water connection;
(10) The foundations and main walls, columns, girders, beams and semi-open terrace (_____ portion covered with tapering Mangalore tiled roof) as described in the building plan which is appended to this Deed as Exhibit- “A” hereof;
(11) Tanks, pumps, motors, fans, fire-fighting equipment as described in the plan- Exhibit “A” hereof;
(h) The following facilities located on each of the_______ upper floors as described in Exhibit “A”, are restricted common areas and facilities restricted to the use and enjoyment of the Family Units of each respective floor’
(1) A doorway-cum-lobby giving access to the______ elevator(s), Family Units, janitors’ cabin (if any) and the internal passage/corridor connecting stairway A;
(2) A room for the use of the janitor/caretaker (if any);
(3) A corridor extending from the lobby to stairway B.
SIXTH:-(a) That the right, title and interest of each owner of a family unit in the General Common areas and facilities listed under letters (a) to (g) of sub-paragraph 2 of Paragraph FIFTH and their proportionate shares in the profits and common expenses in the Said “General Common areas and Facilities” as well as the proportionate representation for voting purposes in the meetings of the Association of Apartment Owners of the__________ Condominium is based on the proportionate value of each Family Unit to the total value of all Family Units are as follows:-
|Sr. No.||Family Unit Type||Individual Value of Family Unit||Total value of all Family Units||% of Proportionate value|
|1.||Family Unit Type Number One||Rs_____/-||Rs XYZ/-||_____%|
|2.||Family Unit Type Number Two||Rs_____/-||Rs XYZ/-||_____%|
|3.||Family Unit Type Number Three||Rs_____/-||Rs XYZ/-||_____%|
|4.||Family Unit Type Number Four||Rs_____/-||Rs XYZ/-||_____%|
|5.||Family Unit Type Number Five||Rs_____/-||Rs XYZ/-||_____%|
|6.||Family Unit Type Number Six||Rs_____/-||Rs XYZ/-|
|7.||Family Unit Type Number Seven||Rs_____/-||Rs XYZ/-||_____%|
|Total||Rs XYZ/-||Rs XYZ/-||100%|
(b) That the right, title and interest of each owner of a Family Unit located on each of the______ upper floors in the restricted common areas and facilities located on the each respective floor as listed under letter (h) of sub-paragraph 2 of Paragraph Fifth, and their proportionate share in the profits and common expenses in the said “Restricted Common areas and facilities”, as well as the proportionate representation for voting purposes with respect to the said “Restricted common areas and facilities” in the meetings of the Association of Apartment Owners of the_____ Condominium is based on the proportionate value of each Family Unit to the total value of all Family Units located on its respective floor are as follows:-
|Sr. No.||Family Unit Type||% of right, title and interest of Family Unit in the Restricted Common areas and Facilities|
|1.||Family Unit Type Number One||_____%|
(c)The proportionate representation for voting purposes provided in (a) and (b) hereto may be limited in accordance with the provisions of the Bye-laws attached hereto as Exhibit-“B”.
(d) The apartments herein and the percentage of undivided share and interest in the “Common areas and Facilities” appertaining to each of them are not encumbered in any manner whatsoever on the date of this declaration.
SEVENTH:- That the Administration of________ Condominium consisting as aforesaid of the buildings and parcels of land described in Paragraph FIRST and FIFTH of this Deed shall be in accordance with the provisions of this Deed and with the provisions of the Bye-Laws which are incorporated as a part of this Deed and are attached hereto as Exhibit-“B”.
EIGHTH:- That as appears above a plan of apartment ownership is hereby constituted under and subject to the provisions of the Maharashtra Apartment Ownership Act, 1970, so that the Family Units of the________________ upper floors may be conveyed and registered as individual properties capable of independent use, on account of each having its own exit to Common areas and Facilities of the “Said Building”, each Family Unit owner having an exclusive and particular right, title and interest over his/her respective Family Units and in addition to his/her specified undivided interest & share in the Common areas and Facilities and/or Restricted Common areas and Facilities.
NINTH:- That for the purpose of stamp duty and registration fees to be imposed on the registration of this Deed in the Register of Declarations and Deeds of Apartment under section 13(5) of the Maharashtra Apartment Ownership Act, 1970, the value of__________ Condominium is distributed as follows:-
|(a)||A piece and parcel of land as described in Paragraph FIRST hereof||Rs____/-|
|(b)||The “Said Building” as described in Paragraph SECOND & THIRD hereof||Rs____/-|
TENTH:- That so long as the “Developer Grantor” owns one or more of the Family Units it shall be subject to the provisions of this Deed and of Exhibit- “A” and “B” attached hereto and the “Developer Grantor” covenants to take no action which will adversely affect the rights of the Association of Apartment Owners, vis-à-vis the assurances against latent defects in the “Said Building” or other rights assigned to the Association of Apartment Owners by reason of establishment of the____________ Condominium.
ELEVENTH:- That the “General and/or Restricted Common areas and Facilities” shall remain undivided and no owner shall bring any action for partition or division thereof.
TWELFTH:- That the percentage of undivided interest or share in the “General and/or Restricted Common areas and Facilities” established herein shall not be changed except with the unanimous consent of all the apartment owners expressed in amendment to this Deed duly registered.
THIRTEENTH:- That the undivided interest and share in the “General and/or restricted Common areas and Facilities” shall not be separated from the Family Units to which it appertains and shall be deemed conveyed or encumbered with the Unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.
FOURTEENTH:- That each apartment owner shall comply with the provisions of this Deed, the Bye-Laws, decisions and resolutions of the Association of Apartment Owners or of its representatives and failure to comply with any such provisions, decisions or resolutions, shall be ground for an action to recover sums due, for damages, or for injunctive reliefs.
FIFTEENTH:- That the dedication of the property to the Plan of Apartment Ownership herein shall not be revoked, or the property removed from the Plan of Apartment Ownership or any of the provisions herein amended unless all of the Apartment Owners and the mortgagees of all the mortgages pertaining to the relevant Family Units unanimously agree to such revocation, or amendment or removal of the property from the Plan by duly registered Instruments.
SIXTEENTH:- That no apartment owner of a Family Unit may exempt himself/herself from liability for his/her contribution towards the common expenses by waiver of the use or enjoyment of any of the “General and/or Restricted Common areas and Facilities” or by the abandonment of his Family Unit.
SEVENTEENTH:- All sums assessed by the Association but unpaid towards the share of common expenses charged to any Family Unit shall constitute a charge on such Family Unit prior to all other charges except only— (1) charge, if any, created on the Family unit for the payment of any taxes, cess, revenue, duties or fees levied by the appropriate Government, Municipal body or any other semi-Government undertaking and (2) all sums unpaid on a first mortgage of the apartment.
EIGHTEENTH:- That all present or future owners, tenants, future tenants or any other person that might use the Facilities of the building in any manner are subject to the provisions of this Deed and that mere acquisition or rental of any of the Family Units of the “Said Building” or the mere act of occupancy of any of the said units shall signify that the provisions of this Deed are accepted and ratified. The respective Family Units shall not be rented or given on leave and licence or caretaker basis by the apartment owners thereof for transient or hotel purposes or for the purpose of lodging or boarding or both. However, in all other cases the apartment owners of the respective Family Units shall have the absolute right to lease such Unit or give it on leave & licence or caretaker basis, provided such lease, or leave & licence or caretaker arrangement is made subject to the covenants and restrictions contained in this Declaration and further subject to the Bye-Laws as set out in Exhibit “B” hereto.
NINETEENTH:-That if the property, subject to the Plan of Apartment Ownership is totally or substantially damaged or destroyed, the repairs, reconstruction or disposition of the property shall be as provided by the Maharashtra Apartment Ownership Act, 1970.
TWENTIETH:- That, where a Family Unit is sold by a mortgagee in exercise of his powers of sale under an English mortgage or by a court in execution of a decree in a suit brought by a mortgagee against the owner of the concerned Family Unit then neither the mortgagee nor the purchaser who derives title to the Family Unit at such sale or his successors-in-interest or assigns shall be liable for assessment by the Association which became due prior to the acquisition of title by such acquirer. Notwithstanding the above, nothing shall prevent the Association of Apartment Owners from filing and claiming charge for such assessments and enforcing the same as provided by law, and that such charge shall be subordinate to such mortgage.
TWENTY FIRST:- That in a voluntary conveyance of a Family Unit the Grantee of the Unit shall be jointly and severally liable with the Grantor for all unpaid assessments by the Association of Apartment Owners against the latter on account of his/her share of common expenses upto the time of the grant or conveyance without prejudice to the Grantee’s right to recover from the Grantor the amounts paid by the Grantee on account of the former. However, any such Grantee shall be entitled to a statement from the Manager or Board of Managers of the Association, as the case may be, certifying the amount of unpaid assessments against the Grantor due to the Association and such Grantee shall not be liable for, nor shall the Family Unit conveyed be subject to a charge for, any unpaid assessment made by the Association of Apartment owners against the Grantor in excess of the amount therein set-forth.
TWENTY-SECOND:- That the Manager or Board of Managers of the Association of Apartment Owners, as the case may, be shall obtain and continue in effect a blanket/comprehensive Insurance policy for the whole of property described in the Schedule of Property appended hereto in such form and with such protective features as the owners of the Family Units and/or the mortgagees holding first mortgage over the relevant Family Units shall decide by a majority. But such comprehensive Insurance policy shall not prejudice or preclude an individual owner of a Family Unit from obtaining a separate insurance cover for his/her Family Unit.
TWENTY-THIRD:- That the insurance premium payable on account of the Comprehensive/Blanket Insurance Policy or such other policy as the Manager or Board of Managers may obtain in the interest of the property of___________ Condominium shall constitute a common expense to be paid by monthly assessments levied by the Association of Apartment Owners and such payments shall be deposited in a separate account of the Association to be used solely for the payment of the Insurance premium/s as and when such premiums become due and payable.
SCHEDULE OF PROPERTY
All that piece and parcel of land bearing C.S/CSN/SN_________, Revenue Division_______ being and situate at______________, City/Taluka______________, District__________, State:-__________________, with a building known as________________ constructed thereon comprising a basement, ground floor and__________ upper floors incorporating_________ commercial facilities and__________ Family Units and other facilities as described in the Building Plan annexed hereto as Exhibit- “A” and which is bordered on four sides as follows:-
Plot No___________ on the Eastern Side
Plot No___________ on the Western Side
Plot No___________ on the Northern Side
Plot No___________ on the Southern Side
IN WITNESS WHEREOF, Shri_____________, a full time Director of ABC Pvt. Ltd., being duly authorised by a resolution of Board of Directors of ABC Pvt. Ltd in its meeting held on_______, has hereto set his hand as well as the common seal of the company this____ day______ of 20___
Signed, Sealed & Delivered
Authorised Director of
ABC Pvt. Ltd, the withinnamed
“Developer Grantor” in the presence of
Authorised Director of
ABC Pvt. Ltd,
ABC Pvt. Ltd
BYE-LAWS OF________________ CONDOMINIUM
[To be borrowed from the Maharashtra Apartment Ownership Rules, 1972]