Deed of Apartment- Form II
(Between original purchaser and subsequent 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, an adult Indian, aged about____ years, occ:-_____, resident of__________________________________, hereinafter, for the sake of brevity, referred to as the “Apartment Vendor” (which expression, unless it be repugnant to the context and meaning thereof, shall include his legal heirs, executors, administrators 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 “Apartment Vendor”, herein is the absolute owner and otherwise fully seized and possessed of an Apartment being Apartment No_______, being and situate on________ floor of____________ Building,_____________ (Road/Street),__________________ (Town/City),________________ (Taluka), District_______________, State_____________, admeasuring about_________ Sq.Feet (carpet), which is more particularly described in Schedule I appended hereto and hereinafter, for the sake of brevity, referred to as the “Said Apartment”, which was purchased by him under a Deed of Apartment, duly executed on______ and registered in the office of Sub-Registrar___________, vide Sr.No._______, pages___ to _____, volume_______, on___________, from XYZ Realtors Pvt. Ltd, a real estate development company having its registered office at______________, hereinafter, for the sake of brevity, referred to as the “Developer Company”.
AND WHEREAS, the “Developer Company” executed on______, a Deed of Declaration under section 2 of the Maharashtra Apartment Ownership Act, 1970, which was registered in the office of Sub-Registrar___________, vide Sr.No.______, pages____ to______, volume_______, on_____ and a copy thereof was filed in the office of the Registrar of Co-operative Societies, _______ (Area/Zone), Maharashtra State, being the Competent Authority appointed under the provisions of the aforesaid Act of 1970. As a result of the execution of the aforestated Deed of Declaration the “Developer Company” being the owner of plot of land on which the above building was erected submitted the said plot of land along with all the buildings and structures standing thereon (including all the individual apartments as well the common areas and facilities comprised therein) to the provisions of the Maharashtra Apartment Ownership Act, 1970, the Maharashtra Apartment Ownership Rules, 1972 and the Bye-laws contained therein.
AND WHEREAS, the “Apartment Vendor” herein, purchased the “Said Apartment” under the Deed of Apartment described in the preceding paragraph and bound himself by all the provisions of the Maharashtra Apartment Ownership Act, 1970, the Maharashtra Apartment ownership Rules, 1972 and the Bye-laws annexed to the Deed of Declaration and became a member of the Association of Apartment Owners of__________ Condominium.
AND WHEREAS, THE “Apartment Vendor”, since the date of execution of the Deed of Apartment has conscientiously and diligently performed all his duties and obligations under the aforestated Apartment Act, Rules and Bye-Laws and has paid all his dues to the Association of Apartment Owners of___________ Condominium upto date.
AND WHEREAS, the “Developer Company” under the above referred Deed of Apartment had annexed a copy of the Floor Plan of__________ buildings as well as a Certificate of Shri_______, the Project Architect, certifying the contents of the Floor Plan as to the layout, location, dimensions, approximate areas, main entrance, common areas and facilities as well as limited common areas and facilities appurtenant and pertaining to the Said Apartment” and in general had given inspection of all the documents, papers and writings in its possession and power concerning the “Said Apartment” and based on such inspection the “Apartment Vendor” had taken a decision to buy the “Said Apartment”.
AND WHEREAS, the “Developer Company” under the Deed of Apartment described in the preceding paragraph had granted, transferred and conveyed unto and in favour of the “Apartment Vendor” herein____% of the undivided share in the Common areas and Facilities and_____% of the undivided share in the Limited Common areas & Facilities appurtenant to the “Said Apartment” and by virtue of the aforesaid transfer the “Apartment Vendor” obtained_____% share/representation vis-à-vis the profits and common expenses of the Association as well as voting rights in the meetings of the Said Association.
AND WHEREAS, the “Apartment Purchaser” herein being desirous of purchasing the “Said Apartment” approached the “Apartment Vendor” and in due course both the parties agreed upon the terms and conditions of the sale transaction which they wish to reduce into writing as hereunder:-
NOW THIS DEED OF APARTMENT WITNESSETH AS UNDER:-
1] The “Apartment Vendor” herein, in token of the entire consideration of Rs____/- (Rs_____________ only) received from the “Apartment Purchaser” (the receipt whereof, he hereby acknowledges under the Acknowledgment Receipt appended hereto) transfers, conveys, grants, assigns and assures by way of sale, unto and in favour of the said “Apartment Purchaser” all his rights, title and interest in the “Said Apartment” permanently and absolutely insofar as it complies with the provisions of the Maharashtra Apartment Ownership Act, 1970, the Maharashtra Apartment Ownership Rules, 1972 and the Bye-Laws thereunder;
2] The “Apartment Vendor” herein has apprised the “Apartment Purchaser” about the fact that by virtue of a Deed of Declaration dated_____, registered in the office of the Sub-Registrar_______, vide Sr.No_____, pages____ to ____, volume____ , on_____ the “Developer Company” has submitted all the buildings, structures and the land underneath and surrounding the same 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 Said Act, as well the Rules and Bye-Laws thereunder. The “Apartment Purchaser” on his part, confirms and reiterates his submission to the scheme of the Act, as well the Rules and Bye-Laws thereunder;
3] The “Apartment Purchaser” hereby acknowledges and confirms that the “Apartment Vendor” has given him inspection and access to all title deeds, papers, documents and writings in his possession and power vis-à-vis the “Said Apartment”. The “Apartment Purchaser” declares that he has finalised 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 and authenticity of such documents and hereby promises not to make any grievance in future about their truthfulness. The “Apartment Vendor” has annexed hereto a copy of the Floor Plan of_____ Building as well as the Certificate issued by the Project Architect Shri_________, certifying the contents of the Floor Plan as to the number, location, dimensions, area, main entrance, Common areas and facilities, limited common areas and facilities appurtenant to the “Said Apartment” and its position in relation to the adjoining apartments;
4] The “Apartment Vendor” in furtherance of the instant 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, unto and in favour of the “Apartment Purchaser”_______% of the undivided share and interest in the General Common Areas and Facilities of______ Building appurtenant to the “Said Apartment” as more particularly described in Schedule II appended hereto;
5] The “Apartment Vendor” in furtherance of the instant Deed of Apartment doth hereby grant, transfer, convey, assign and assure by way of sale unto and in favour of the “Apartment Purchaser”_____% of the undivided share and interest in the Limited Common Areas and Facilities of the relevant floor appurtenant to the “Said Apartment” as more particularly described in Schedule III appended hereto;
6] The “Apartment Vendor” declares and confirms that the proportionate share of the “Apartment Purchaser” in the profits and common expenses of the Association of Apartment Owners of____________ Condominium as well as representation for voting purposes in the meetings thereof shall be________%;
7] The “Apartment Purchaser” agrees and reiterates that the “Said Apartment” shall be used only for the bonafide residential purposes 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 basis 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;
8] The “Apartment Purchaser” hereby agrees that pursuant to the Deed of Declaration mentioned in the preceding paragraph 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:
9] The “Apartment Vendor” hereby declares and reiterates that he enjoys and possesses all the possessory, titular and other ancillary rights vis-à-vis the “Said Apartment” and further declares that he has not alienated, encumbered or otherwise created any third party rights in respect of the “Said Apartment” by way of sale, gift, leave & licence, charge or easement in favour of any party whatsoever; the “Apartment Vendor” herein further declares that notwithstanding the preceding assurance if the “Said Apartment” or any part thereof is found to be alienated or encumbered in any way he shall be liable for the consequences arising therefrom and he hereby indemnifies and keeps indemnified the “Apartment Purchaser” against any loss, injury, expense or damage that he might suffer on account of any adverse claim set up by third party in whatever form and before whatever forum, judicial, quasi-judicial or otherwise;
10] The “Apartment Vendor” assures that “Apartment Purchaser” that he has scrupulously complied with all the relevant statutory provisions, rules and Bye-laws vis-à-vis the “Said Apartment” and he has not received any notice or requisition or demand from any statutory or local body. The “Apartment Vendor” declares that he has scrupulously paid all his dues or share of outgoings to the Association of Apartment Owners of__________ Condominium. The “Apartment Vendor” further declares that he has not carried out any unauthorised addition, alteration or change in the “Said Apartment” without the permission or sanction of the concerned Association or___________ Municipal Corporation/Council. The “Apartment Vendor” hereby indemnifies and keeps indemnified the “Apartment Purchaser” against any loss, injury, damage or expense that he might suffer on account of any lapse committed by the “Apartment Vendor” (if any) since the date of entering upon the possession of the “Said Apartment” which is the direct result of gross negligence, misfeasance or malafide actions on the part of the “Apartment Vendor” herein (if any).
SCHEDULE I
Description of the Apartment to be sold
An Apartment 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 Apartment No______, Family Unit Type_____, located on the________ side of Floor No______, Building______, Plot No._________, _________________(Street/Road),___________(City/Town),_____________,_____________(Taluka),______________(District),_______________(State)
SCHEDULE II
Description of General Common Areas and Facilities
SCHEDULE III
Description of Limited Common Areas and Facilities
IN WITNESS WHEREOF, both the parties hereto have set and subscribed their respective hands to this writing on the day, month and year first hereinbefore written.
Signed, sealed and delivered by
ABC, the withinnamed “Apartment Vendor”
in the presence of Witness
Name:-_______________
Address:-_____________
Sd/-
ABC
The “Apartment Vendor”
Signed, sealed and delivered by
DEF, the withinnamed “Apartment Purchaser”
in the presence of Witness
Name:-_______________
Address:-_____________
Sd/-
DEF
The “Apartment Purchaser”
—————-
Acknowledgment Receipt
Received with thanks a sum of Rs______/- (Rs________________ only) from DEF, the “Apartment Purchaser” herein, in full and final settlement of the consideration amount for the sale of Apartment No_______, more particularly described in Schedule I above, vide cheque/DD/Pay Order No______, dated_______, drawn/issued by_________ Bank,________ Branch.
Dated:-
Place:-
Sd/-
ABC
The “Apartment Vendor”
———————
ANNEXURE I
Floor Plan pertaining to the Apartment under Sale as given under the original Deed of Apartment by the Developer Company__________
ANNEXURE II
Architect’s Certificate as given under the original Deed of Apartment by the Developer Company________,
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