FORM OF DECLARATION BY THE SOLE OWNER OR
OWNERS OF THE LAND FOR SUBMITTING THE LAND AND BUILDINGS UNDER
MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970
In the____________..(here enter name of city, town, village, taluka and
district). ____________.. on this____________..day of
20____________....................................................... (here
enter name of sole owner or all the owners) hereinafter referred to as
Grantor who is fully empowered and qualified to execute this deed does
hereby state:
FIRST: That the Grantor owns the following land situated in the ____________..
(here enter city town. village. Taluka. district) which is described as
follows. namely:?
____________..____________..____________..____________..____________..____________..____________..____________..____________..____________..____________..____________..____________..
Insert metes?and?bounds description of land upon which the building
is constructed and add the City Survey or cadastral Survey Number or
Survey Number. Also state the date and registration details of the last
document of title under which the grantor claims the land.
SECOND: That the Grantor has constructed on the parcel of land
described above a building known as ____________.. (here enter name of
building),according to the plans attached hereto as Exhibit A which were
approved by the ____________.. (here insert name of local authority) on the
____________..day of.....................20____________..and which are made a part
thereof. The Municipal or Ward No., Street No. and House No. are as
follows ____________..The postal address of the building is
........................................................................
THIRD: That the said building consists of a basement, a ground floor
and, ..............upper floors. The ground floor will be used for
commercial facilities, or other common purposes. The ground and upper
floors consist of individual apartments all for residential purposes.
The upper floors are all capable of individual utilisation on account of
having their own exit to a common area and facility of the building, and
the apartments will be sold to one or more owners each owner obtaining
a
particular and exclusive property right thereto and each apartment
constituting a heritable and transferable, immovable property within the
meaning of any law for the time being in force in the State (hereinafter
referred to as "family unit'), and also an undivided interest in the
general and/or restricted common areas and facilities of the building,
as listed hereinafter in this Deed, necessary for their adequate use and
enjoyment and hereinafter referred to as a "general and/or restricted
common areas and facilities", all of the above in accordance with the
Maharashtra Apartment Ownership Act, 1970.
FOURTH: That the aforesaid building has a total building area
of.....................square metres of which, ____________..square metres will
constitute family units, and square metres will constitute general
and/or restricted common areas and facilities.
FIFTH: That this condominium shall be known as "The Condominium" and
that the family units and common areas and facilities of the building
will be as follows:?
Family Unit?Upper Floors (1) 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 the tenth which corresponds to each floor,
for example: Those of the first floor will bear the numbers '101",
"102", etc., those of the second floor will bear the number "201",
"202", etc., and those of the higher floors will be numbered similarly
according to the corresponding tenth of each floor. 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 family units are described here in below. The measures of a
family unit include all the outside walls and one?half of the block
partitions but exclude bearing walls.
(a) Family Unit ? Type Number One.?It is a rectangular shaped
apartment measuring ____________..metres long and ____________..metres wide, making a
total area of____________..square metres as specifically shown in Exhibit A of
this Deed. Its boundaries are as follows:
Its main door has access to the corridor of the respective floor.
'The family units consist of the following rooms:
A hall of ____________..square metres, a living room of ____________..square metres, a
dining room of ____________..square metres, a kitchen of ____________..square metres,
which includes the sinks, or washing area, a ____________..gas or electric range,
model ____________..colour bedrooms of ____________..square ____________..metres, bathroom of
____________..square metres. In addition, the family unit has a balcony
(balconies) facing____________..Street of____________..Square metres [A description of
each type of family unit should follow as Items (b), (c), (d),
etc.].
Common areas and facilities (2) (a) The parcel of
land described in paragraph First of this Deed.
(b) A basement as shown in Exhibit A attached hereto and consisting
of...........................square metres.
(c) The following facilities located in the basement.
(d) Parking facilities as shown in Exhibit A attached hereto and
consisting of................... square metres.
(e) The ground floor as shown in Exhibit A attached and
consisting of a garden lawn, children playing area, swimming pool,
tennis or badminton court, etc.
admeasuring..........................square metres respectively.
(f)The following facilities located in the ground floor:
(1) Commercial areas and facilities as shown in Exhibit A attached
hereto, consisting of ____________..square metres and described as follows:
(2) A lobby and facilities as shown in Exhibit A attached hereto,
consisting of.........................square metres and described as
follows:?
(g) The following facilities located throughout the building and as
shown in Exhibit A, attached hereto:
(1) elevator(s).
(2) An elevator shaft to ____________.square metres for the elevator(s)
extending from the ground floor up to the ____________floor.
(3) A stairway, referred to in this Deed as Stairway A of ____________..square
metres, which leads from the ground floor to the roof of the
building.
(4) A stairway, referred to in this deed as Stairway B, of
____________..square metres, which leads from the open court to the ____________..upper
floor.
(5) A flue extending from the incinerator in the basement to the roof
of the building. The said flue will have a hopper door in each one of
the ................upper floors for the disposal of garbage and
rubbish, and will be fed from the janitor's room of each of the
____________..upper floors.
(6) Water tank located on the roof of the building.
(7) Elevator penthouse with corresponding elevator equipment located
on the roof of the building.
(8) Plumbing net?work throughout the building.
(9) Electric wiring net?work throughout the building.
(10) Necessary light, telephone and public water connections.
(11) The foundations and main walls, columns, girders, beams and
roofs of the building as described in the plans which form part of this
Deed as Exhibit A hereof.
(12) Tanks, pumps, motors, fans, fire?fighting equipment, compressor,
ducts, central air?conditioning and heating equipment and in general all
apparatus and installation existing for common use.
(h) The following facilities located in each one of the
____________..upper floors and as shown in Exhibit A, attached hereto, are
restricted common areas and facilities restricted to the family units of
each respective floor:?
(1) A lobby which gives access to the ____________..elevators, to the family
unit, to the janitor's room, to ____________..to the corridor and to Stairway
A.
(2) A room for the use of the janitor.
(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 area and facilities listed under
letter (a) to (g) of sub?paragraph 2 of Paragraph Fifty 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 ......................Condominium is based on
the proportionate value of each family unit to the total value of all
family units as follows:?
Family Unit ? Type Number One ____________..per
cent, based on a value of Rs ____________..for this apartment and a
total value of for all family units (here follow the proportionate value
of Family Unit ? Type Number Two to Family Unit Type Number
____________..____________..).
(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 in the respective floor and listed under letter
(h) of said sub?paragraph 2 of Paragraph Fifty, 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 meeting 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 floors, as follows:?
Family Unit ? Type Number Two ____________..per cent
(here follow the right, title and interest of the family unit owners of
Family Unit ? Type Number Two to Family Unit ? Type Number in the
restricted common areas and facilities located
in their respective floors).
(c) The proportionate representation for voting purposes provided in
(a) and (b) hereof may be limited in accordance with the provisions of
the bye?laws attached hereto as Exhibit B.
(d) Apartment/apartments and the percentage of undivided interest in
the common areas and facilities appertaining to the apartment, (each
apartment) are not encumbered in any manner whatsoever on the date of
this Declaration.
SEVENTH: That the Administration of condominium consisting as
aforesaid of the building and parcel of land described in Paragraphs
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 made 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 a common
area and facility of the building, each family unit owner having an
exclusive and particular right, title and interest over his respective
family unit and in addition the specified undivided interest in the
common areas and facilities and/or
restricted common areas and facilities.
NINTH : That for the purposes of stamp duty and registration fees to
be imposed on the registration of this Deed in the Register of
Declaration and Deeds of Apartment under section 13(5) the value of the
____________..Condominium is distributed as follows:?
(a) Parcel of land described in paragraph First hereof is valued at
Rupees .........................
(b) The building described in Paragraphs Second and Third hereof is
valued at.......................Rupees
TENTH: That so long as the Grantor owns one or more of the family
units, the Grantor shall be subject to the provisions of this Deed and
of the Exhibits A and B attached hereto and the Grantor covenants 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____________..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 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 expressed in amendment to this Deed duly registered.
THIRTEENTH: That the undivided interest in the general and/or
restricted common areas and facilities shall not be separated from the
family unit 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 and failure to comply with any such
provisions, decision or resolutions, shall be grounds for an action to
recover sums due, for damages, or for injunctive relief.
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 covering the 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 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
family unit.
SEVENTEENTH: All sums assessed by the Association but unpaid for the
share of the common expenses chargeable to any family unit shall
constitute a charge on such family unit prior to all other charges
except only (1) charge, if any, on the family unit for payment of
Government or municipal taxes or both, 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 the mere acquisition or rental of any of the family units of the
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 unit shall not be rented or given on leave and licence
or caretaker basis by the apartment owners thereof for transient or
hotel purposes, which shall be defined as (a) rental compensation or
compensation for any period less than thirty days, or (b) any rental or
if the occupants of the family unit are provided customary hotel or
boarding or lodging or paying guest services other than the foregoing
obligations, the apartment owners of the respective family units shall
have the absolute right to lease such unit or give it on leave and
licence or caretaker basis provided that said lease or leave and licence
or caretaker basis is made subject the covenants and restrictions
contained in this Declaration and further subject to the Bye?laws in
Exhibit B attached hereto.