Deed of Apartment- Form I
(Between Developer and Apartment Purchaser)
[Under the Maharashtra Apartment Ownership Act, 1970 and Maharashtra Apartment Ownership Rules, 1972]
This Deed of Apartment is made and entered into at_______, this__ day of______ , 20___ between ABC Pvt Ltd., a company limited by shares registered under the Provisions of the Companies Act,_____, having its registered office at_______, through its Executive Director Shri__________, duly authorised by the Board of Directors vide its Resolution No______ , dated______ , hereinafter, for the sake of brevity, referred to as the “Developer Vendor” (which expression, unless it be repugnant to the context and meaning thereof, shall include its legal representatives, officers, servants, nominees, liquidators and assigns) and DEF, an adult Indian, aged about____ years, occ:-________, resident of______________________ , hereinafter, for the sake of brevity, referred to as the “Apartment Purchaser” (which expression, unless it be repugnant to the context and meaning thereof, shall include his legal heirs, executors, administrators and assigns).
WHEREAS, the “Developer Vendor” herein is a limited company engaged in the business of real estate development and sale, which, under a Sale Deed registered in the office of Sub-Registrar______ , vide Sr.No_____, Pages Nos___ to ____, volume_____, dated_______, acquired all rights, title and interest in a plot of land being and situate at____________, hereinafter, for the sake of brevity, referred to as the “Said Plot” and more particularly described in Schedule I appended hereto from Shri________________, the vendor thereunder.
AND WHEREAS, the “Developer Vendor” being desirous of erecting/constructing on the “Said Plot” a group of____ buildings, each comprising____ apartments and____ shops of varying carpet areas and dimensions, submitted all the requisite plans, layouts, maps, sketches, specifications and papers to the Building Proposal Department of________ Municipal Corporation/Council on_____ and after due site inspection and proposal appraisal the said Municipal Corporation/Council sanctioned the building plans and issued a Commencement Certificate/IOD in favour of the “Developer Vendor”. The said project as sanctioned by the___________ Municipal Corporation/Council is described in Schedule II appended hereto.
AND WHEREAS, the “Developer Vendor” pursuant to the sanctioned building plans and layouts completed the construction of buildings referred to in the preceding paragraph and obtained a Completion Certificate as well as Occupation Certificate from the_________ Municipal Corporation/Council and the “Apartment Purchaser” being desirous of buying a suitable apartment in the above referred buildings approached the “Developer Vendor” with a buying offer in that behalf.
AND WHEREAS, the “Apartment Purchaser” after due inspection of the apartments comprised in the above referred buildings selected Apartment No______, situate on the___ floor of Building______ , (hereinafter for the sake of brevity, referred to as the “Said Apartment” and more particularly described in Schedule III appended hereto) and negotiated consideration amount with the “Developer Vendor” and in due course both the parties hereto agreed at the sum of Rs______/- (Rs_______________ only) as the sale price for the instant deed of apartment and also agreed upon the terms and conditions thereof which are reduced to writing as hereunder.
NOW THIS DEED OF APARTMENT WITNESSETH AS UNDER:-
1] The “Developer Vendor” herein, in token of the entire consideration amount of Rs______/- (Rs________________ only) received from the “Apartment Purchaser” (A copy of the Acknowledgment Receipt is appended hereto) transfers, conveys, grants, assigns and assures by way of sale unto and in favour of the said “Apartment Purchaser” all of his rights, title and interest held and enjoyed by it in respect of the “Said Apartment” permanently and absolutely insofar as it complies with the provisions of the Maharashtra Apartment Ownership Act, 1970, Maharashtra Apartment Ownership Rules, 1972 and the Bye-Laws thereunder;
2] The “Developer Vendor” herein has apprised the “Apartment Purchaser” about the fact that by virtue of a Deed of Declaration executed and registered in the office of the Sub-Registrar_____, vide Sr.No______, Pages Nos___ to ____, Book No____, Volume_____, dated______ ( a copy whereof is submitted in the office of the Registrar of Societies, Maharashtra State on______) has submitted all the buildings and the land underneath and surrounding the same as more particularly described in Schedules I and II to the provisions of the Maharashtra Apartment Ownership Act, 1970 in conformity with section 2 of the said Act and from the date of execution of the said Declaration all such buildings, the lands and the Apartment Purchasers are governed by the provisions of the aforesaid Act, as well as Rules and Bye-Laws thereunder. The “Apartment Purchaser” on his part confirms and reiterates his submission to the scheme of the Act, as well as the Rules and Bye-Laws thereunder;
3] The “Apartment Purchaser” hereby acknowledges and confirms that the “Developer Vendor” has given him inspection and access to all title deeds, plans, specifications, documents and writings, in his power and possession vis-à-vis the “Said Apartment” insofar as they relate to the development undertaken by the “Developer Vendor” in general and the “Said Apartment” in particular. The “Apartment Purchaser” declares that he has made his decision to buy the “Said Apartment” on the basis of such documents and he further declares that he is duly satisfied about the veracity of such documents and hereby promises not to make any grievance in future about their authenticity or truthfulness;
4] The “Developer Vendor” has annexed hereto a copy of the relevant floor plan of the concerned building as required under sub-section (2) of section 13 of the Maharashtra Apartment Ownership Act, 1970, which sets out such details pertaining to the “Said Apartment” as the number, location, dimensions, area, main entrance, general common areas and facilities, limited common areas and facilities, position in relation to the adjoining apartments etc. The “Developer Vendor” has also annexed hetero a certificate of the Project Architect______________, certifying the aforementioned contents of the Floor Plan as required by Rule 7 of the Maharashtra Apartment Ownership Rules, 1972;
5] The “Developer Vendor” in furtherance of the said Deed of Apartment and by virtue of section 6 of the Maharashtra Apartment Ownership Act, 1970 doth hereby grant, transfer, convey, assign and assure by way of sale____ % of the undivided interest in the General Common areas and facilities of the concerned building appurtenant to the “Said Apartment” and more particularly described in Schedule IV appended hereto, unto and in favour of the “Apartment Purchaser”;
6] The “Developer Vendor” in furtherance of the said Deed of Apartment doth hereby grant, transfer, convey, assign and assure by way of sale______ % of the undivided interest and share in the limited common areas and facilities of the relevant floor appurtenant to the “Said Apartment” and more particularly described in Schedule V appended hereto, unto and in favour of the “Apartment Purchaser”;
7] The “Developer Vendor” declares and confirm that the proportionate share of the “Apartment Purchaser” in the profits and common expenses of the Association of the Apartment Owners of________________ Condominium as well as representation for voting purposes in the meetings thereof shall be_______ % based on a value of Rs_____/- for the “Said Apartment” and the aggregated value of Rs______/- of all apartments in the aforesaid buildings;
8] The “Developer Vendor” and the “Apartment Purchaser” agree and reiterate that that the “Said Apartment” shall be used by the latter for the bonafide residential purpose of himself and his family and no more; the “Apartment Purchaser” hereby undertakes that in the case of his desire to let out the “Said Apartment” on leave & licence to any third party he shall apprise the Association of Apartment Owners of__________ Condominium and further comply with all the statutory requirements prescribed from time to time;
9] The “Apartment Purchaser” herein agrees that pursuant to the Deed of Declaration dated_____, executed by the “Developer Vendor” herein he shall be duty bound to become a member of the Association of Apartment Owners of_______________ Condominium and thereafter he shall be liable to perform such duties and obligations as are imposed upon him by or under the Apartment Ownership Act, 1970, the Rules and the Bye-Laws thereunder;
10] The “Developer Vendor” herein covenants with the “Apartment Purchaser” that it enjoys and possesses all the possessory, titular and other ancillary rights vis-à-vis the property described in Schedules I and II appended hereto insofar as it is necessary for the ordinary enjoyment thereof and further declares that nothing hinders it from imparting or alienating the said property comprising subterranean and surrounding lands and the buildings and structures erected thereupon. The “Developer Vendor” further undertakes that it shall execute a conveyance deed in favour of the Association of Apartment Owners of______ Condominium on its registration within such statutory period as may be prescribed under the Act;
11] The “Developer Vendor” herein covenants with the “Apartment Purchaser” that it has completed the construction of all buildings and structures strictly in conformity with the sanctioned building plans and permissions and it has not received any notice, requisition or ultimatum from the__________ Municipal Corporation/Council, District Collector. Police Department, Pollution Control Department, Fire Brigade, Department of Income-Tax or any other statutory body or department vis-à-vis the aforesaid project described in Schedules I and II in general or vis-à-vis the “Said Apartment” as described in Schedule III herein for any violation, lapse or statutory default and hereby undertakes to indemnify and keep indemnified the “Apartment Purchaser” against any loss, injury, costs, expenses or damages that he might suffer or have to bear on account of any third party adverse claim vis-à-vis the Said Project or the “Said Apartment”;
12] The “Developer Vendor” and the “Apartment Purchaser” agree and reiterate that in the case of any possible omissions in the said Deed of Apartment vis-à-vis an important covenant or material particular the provisions of the Deed of Declaration executed by the said “Developer Vendor” on_________ shall be read to supply the omission. Both the parties hereto further agree and reiterate that in the case of any possible repugnance between the provisions of the instant Deed and the Deed of Declaration the provisions and covenants contained in the aforementioned Deed of Declaration shall prevail.
SCHEDULE I
DESCRIPTION OF PLOT OF LAND
All that piece and parcel of land bearing CS/CTS/SN____ in the Revenue village of____, sub-division____, being and situate at__________________ (Road/Street),_________________________________(City/Town/Village),__________ (Taluka)_____________, (District), ____________________ (State)
SCHEDULE II
DESCRIPTION OF PROJECT COMPRISING THE APARTMENT BUILDUINGS
Tower A:- Ground + ____ storeys, comprising______ Apartment Flats of_____ sq. feet carpet area each equipped with_______ bedroom(s), drawing hall, kitchen and sanitary areas and other amenities as described more particularly in the Floor Plan annexed hereto.
Tower B:- _______________________
Tower C:- _______________________
Tower D:- _______________________
SCHEDULE III
DESCRIPTION OF THE APARTMENT TO BE SOLD
An apartment Flat of_______ sq. feet carpet area comprising_______ bedroom(s), drawing hall, kitchen, sanitary areas comprising one Indian style toilet and bathroom and other amenities as described in the Floor Plan annexed hereto, bearing No_______, (Family Unit Type_____), located on the______ side of Floor No_____, Tower______, Plot No_______, __________________________________________ (Street/Road)________________(City/Town),_____________(Taluka),_____________________(District), __________ (State)
SCHEDULE IV
DESCRIPTION OF GENERAL COMMON AREAS AND FACILITIES
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SCHEDULE V
DESCRIPTION OF LIMITED COMMON AREAS AND FACILITES
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IN WITNESS WHEREOF, both the parties hereto have set and subscribed their respective hands to this writing on the day, month and year first hereinabove written.
Signed, Sealed and Delivered by
Shri________________, Executive Director
of ABC Pvt. Ltd the “Developer Vendor” withinnamed
being duly authorised by the Board of Directors,
vide Board Resolution No____ , dated_________
in the presence of
Witness
Name:-_________________
Address:-_______________
Shri_______________
Executive Director of
ABC Pvt. Ltd.
The “Developer Vendor”
Signed, Sealed and Delivered by
DEF, the withinnamed
“Apartment Purchaser” in the presence of
Witness
Name:-____________________
Address:-__________________
Shri.DEF
The “Apartment Purchaser”
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Acknowledgment Receipt
Received with thanks a sum of Rs_______/- (Rs___________________ only) from Shri.DEF, the “Apartment Purchaser” herein, in full and final settlement of the consideration amount for the sale of Apartment No_________ as described in Schedule III above, vide cheque/DD/PO No_______________, dated_________, drawn/issued by____________________ Bank_______ Branch.
Dated______________
Place:-_____________
Sd/-
Shri_______________
Executive Director of
ABC Pvt. Ltd.
The “Developer Vendor”
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ANNEXURE I
FLOOR PLAN PERTAINING TO THE APARTMENT TO BE SOLD
ANNEXURE II
ARCHITECT’S CERTIFICATE
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