Deed of Apartment- Form II

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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________ oor
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 of ce of Sub-Registrar___________, vide
Sr.No._______, pages___ to _____, volume_______, on___________, from XYZ Realtors Pvt. Ltd, a real
estate development company having its registered of ce 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 of ce
of Sub-Registrar___________, vide Sr.No.______, pages____ to______, volume_______, on_____ and a copy
thereof was led in the of ce 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 Certi cate 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 pro ts 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 of ce 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, con rms 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 con rms 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 nalised his decision to buy the “Said Apartment” on the basis of such documents and he
further declares that he is duly satis ed 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 Certi cate
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 oor appurtenant to the “Said Apartment” as more particularly described in
Schedule III appended hereto;

6] The “Apartment Vendor” declares and con rms that the proportionate share of the “Apartment
Purchaser” in the pro ts 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 bona de 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 indemni es and
keeps indemni ed 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 indemni es and
keeps indemni ed 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 mala de 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 rst 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 nal 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 Certi cate as given under the original Deed of Apartment by the Developer
Company________,

*************

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