Deeds of Apartment and its Registration in Tamil Nadu

Deeds of Apartment and its Registration

Tamil Nadu Apartment Ownership Act 1994

“apartment” means a part of property intended for any type of independent use including one or more floors or enclosed spaces located in one or more floors (or part or parts thereof) in a building, intended to be used for residence, office, practice of any profession or for carrying on any occupation, trade or businessor for other type of independent use and with a direct exit to a public street, road, or highway or to a common area leading to such street, road or highway.

“apartment owner” means the person or persons owning an apartment and an undivided interest in the common areas and facilities or the limited common areas and facilities in the percentage specified in the Deed of Apartment and includes an outright purchaser or a hire purchase allottee of such apartment and undivided interest;

S 10. Contents of Deed of Apartment.

(1) The Deed of Apartment shall contain the following particulars, namely:-

(a) description of the land on which the building and improvements are located; and whether the land is freehold or leasehold and, if leasehold, the period of such lease:

(b) description of the building stating the number of storeys and basements, the number of apartments and the principal materials to which it is, or is to be, constructed;

(c) the apartment number of each apartment and a statement of its location, approximate plinth area, number of rooms and immediate common area to which it has access, and any other particulars necessary for its proper identification;

(d) description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities;

(e) description of the limited common areas and facilities, if any, stating to which apartment their use is reserved;

(f) total plinth area of the building and of each apartment and its owner for all purposes, including voting 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;

(g) statement of the purposes for which the building and each of the apartments are intended and restricted as to use;

(h) provisions as to the percentage of votes by the apartment owners which shall be determinative of whether to re-build, repair, restore, or sell the property in the event of damage or destruction of all or any part of the property;

(i) any other details in connection with the property which the person executing the Deed of Apartment may seem desirable to set forth consistent with this Act; and (j) such other particulars as may be prescribed.

(2) A copy of each of the Deed of Apartment shall be filed with the competent authority.

S 11- Deed of Apartment and copy of floor Plan to be registered.

(1) The Deed of Apartment and every endorsement thereon relating to the transfer of the apartment and the Floor Plan of the building shall be registered under the Registration Act, 1908 (Central Act XVI of 1908) and, for purposes of the said Act, the said documents shall be deemed to be documents of which registration is compulsory.

(2) The Sub-Registrar shall register the Deed of Apartment along with the Floor Plan of the building in the Register Books kept under section 51 of the Registration Act, 1908 (Central Act XVI of 1908) and shall also enter particulars in the Indices made under section 55 of the said Act.

(3) Whenever any endorsement on a Deed of Apartment is registered, the Sub-Registrar concerned shall forward a certified copy thereof to the competent authority to enable that authority to make necessary entries in the copy of the Deed of Apartment filed with it under sub-section (2) of section 10.

(4) Any person acquiring any apartment or any apartment owner shall be deemed to have notice of the contents of the Deed of Apartment and the endorsement, if any, thereon as from the date of its registration under this section.

(5) Except as provided in this section, the provisions of the Registration Act, 1908 (Central Act XVI of 1908) shall mutatis mutandis apply to the registration of such Deed of Apartment and the words and expressions used in this section, but not defined, in this Act shall have the meanings assigned to them in the Registration Act, 1908 (Central Act XVI of 1908).

Explanation I. – For the purpose of this section, Floor Plan of the building means the plan of the building showing the layout, location, name, if any, of the building, the total number of apartments, dimensions of the apartments and their respective apartment duly verified and certified by an Engineer of the Tamil Nadu State Housing Board in the case of building constructed by the Tamil Nadu State Housing Board and in the case of building constructed by others by any other Engineer, as an accurate copy of the plan of the building as approved by and filed with, the local authority concerned.

Explanation II. – An Engineer shall mean any person holding a Diploma or a Degree in Civil Engineering or Architecture or a Licensed Surveyor

Deed of Apartment

1- Thiru/ Thirumathi …………………… Son of/ Daughter of/ Wife of ……………………………. aged …………. years solemnly declare that I am the first/ present owner of Apartment No. ……… on the ……….. floor of the building now on the construction/ already constructed called ……….. premises, situated at Door No. ….. (Street name) in the City/ Town/ Village of ………… of ……… in the District of ……………..

2- I derived title to the said apartment by a Sale Deed bearing No. ……… executed between ……… and myself on ………..

3- I hereby declare that I, Thiru/ Thirumathi …………… my heirs …………………… executors, administrators and assigns and the said apartment referred to in paragraph of the Deed, shall hereafter be subject to the provisions of the Tamil Nadu Apartment Ownership Act, 1994 (Tamil Nadu Act 7 of 1995) and further declare that ………. I shall comply strictly with the covenants, conditions and restrictions set forth in the Deed and with the By-laws forming part thereof and annexed thereto ……………………… and with the administrative rules and regulations adopted pursuant to such by-laws (as either of the same may be lawfully amended, from time to time) as in the Deed of Apartment.

4- Solemnly affirmed/ sworn at …….. aforesaid, the day of …..

Before Me

Contents of Deed of Apartment to be made by the Sole Owner or all owners Submitting the property to the provisions of the Tamil Nadu Apartment Ownership Act, 1994

(Tamil Nadu Act 7 of 1995)

1- Details of the Land:-

(a) Town Survey Number/Revenue Survey Number.

(b) Door Number.

(c) Street Name.

(d) Village Name.

(e) City Name.

2- Description of the boundaries of the Site: Bounded on the-

(a) North by……..

(b) South by……..

(c) East by………

(d) West by………

3- Details of Lease-hold land:-

(a) Name of the Lessor.

(b) Name of the Lessee.

(c) Terras of the Lessee.

(d) Lease Rents.

(e) Details as to how the Lessee entitled to lease hold the land.

4- Details of the Apartment:-

(a) Name of the Apartment.

(b) Details of the approval of the Local Body/ Planning Authority.

(c) Details of individual flat:-

Forms

(d) Details of Common areas & facility & restricted common area and facility floor wise

Note. – As per section 6 of the Act, the undivided share is calculated on the basis of the plinth area of the flat in relation to the total plinth area of the buildings.

5- Details of Amenities:-

6- Eligible percentage of votes of each apartment, owner-

7- That the right, title and interest of each owner of the apartment in the general common areas and facilities listed in paragraph 4(d) and their proportionate share 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 meeting of the Association of Apartment Owners of the (mention name of the apartment)………….Apartment each shall be in the proportion as mentioned above.

8- That the right, title and interest of each owner of an apartment located on each of the ground and…………..upper floors in the restricted common areas and facilities located in the respective floors and listed as above, and their proportionate share in the profit and common expenses in the said restricted common area and facilities as well as the proportionate representation for voting purposes with respect to the said restricted common areas and facilities in the meeting of the Association of Apartment Owners of the Apartment shall be in proportion as mentioned above.

9- The proportionate representation for voting purpose provided hereof may be limited in accordance with the provisions of the by-laws annexed hereto.

10- Apartment/ Apartments and the percentage of undivided interest in the common areas and facilities appertaining to the apartment………. are not encumbered in any manner whatsoever on the each apartment. Date of this declaration.

11- That the administration of …………… Apartment consisting as aforesaid of the building and parcel of land described in this Deed shall be in accordance with the provisions of this Deed and with the provisions of the by-laws which are made a part of this Deed and are annexed hereto.

12- That as appears above, a plan of Apartment Ownership is hereby constituted under and subject to the provisions of the Act, so that the apartments of ground/and……………..upper floors may be conveyed and registered as individual properties capable of independent use on account of each having its own exit to a common area and facility of the building, each apartment owner having an exclusive and particular right, title and interest over his respective apartment and in addition the specified undivided interest in the common areas and facilities and/are restricted common areas and facilities.

13- That for the purpose of registration fee to be imposed on the registration of this Deed of Apartment, a fee of Rs. 5 (Rupees five only) per square metre of land and Rs. 10 (Rupees ten only) per square metre of building is to be paid to the competent authority.

14- That so long as the owner, own one or more apartments, the owner shall be subject to the provisions of this Deed and of the Annexure……. attached hereto and the owner covenant to take no action which will adversely affect the rights of the Association of Apartment Owners with respect to assurances against latent defects in the building or other rights, assigned to the Association by reason of the establishment of the apartment.

15- 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.

16- That the percentage of the undivided interest 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.

17- That the undivided interest in the general and/or restricted common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed conveyed or encumbered with the apartment even though such interest is not expressly mentioned or described in the conveyance or other instrument.

18- That each apartment owner shall comply with the provisions of this Deed (the by-laws, decisions and resolutions of the Association of Apartment Owners or its representative) and failure to comply with any such provisions, decisions or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief.

19- That no Apartment Owner of an Apartment may exempt himself from liability for his 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 Apartment.

20- All sums assessed by the Association, but unpaid for the share of the common expenses chargeable to any apartment shall constitute a charge on such Apartment prior to all other charges except only charge, if any, on the apartment, for payment of Government or Municipal taxes or both and all sums unpaid on a first mortgage of the Apartment.

21- 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 the mere acquisition or rental of any of the Apartments of the building or the mere act of occupancy of any of the said Apartment shall signify that the provisions of this Deed are accepted and ratified.

22- The apartment owners of the respective Apartment shall have the absolute right to lease such Apartment or give it on lease provided that the said lease is made subject to the covenants and restrictions contained in the deed of apartment and further subject to the by-laws annexed hereto.

23- That if the property subject to the plan of Apartment ownership is totally or substantially damaged or destroyed, the repair, re-construction or disposition of the property shall be as provided by the Act.

24- That where an Apartment 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 such Apartment, then, neither the mortgagee nor the purchaser who derive title to the Apartment at such sale, or his successors or assigns shall be liable for assessments by the Association which become due prior to the acquisition of title by such acquirer, it being understood, however, that the above shall not be construed to 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.

25- That in a voluntary conveyance of an Apartment, the grantee of the apartment shall be jointly and severally liable with the granter for all unpaid assessments by the Association of Apartment Owners against the latter for his share of the common expenses up to the time of the grant or conveyance without prejudice to the grantee’s right to recover from the owner the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the Manager or Board of Managers of the Associations, as the case may be, setting forth the amount of the unpaid assessments against the owner due to the Association and such grantee shall not be liable for, nor shall the apartment conveyed be subject to a charge for any unpaid assessments made by the Association of Apartment Owners against the owner in excess of the amount therein, set-forth.

26- That the Manager or Board of Managers of the Association shall obtain and continue in effect blanket property, insurance in form and amounts satisfactory to mortgagees holding first mortgagee covering apartments, but without prejudice to the right of the owner of an apartment to obtain individual apartment insurance.

27- That insurance premium for any blanket insurance coverage shall be a common expense to be paid by monthly assessments levied by the Association of Apartment owners and that such payment shall be held in a separate account of the association and used solely for the payment of the blanket property insurance premiums as such premiums become due.

In Witness Whereof, Thiru……………………..has hereto set his hand this………the day of 20……..

Signed And Delivered By Thiru…………………..in the presence of…..

Before Me