Declarations, deeds of apartments and copies of floor plans to be registered.

The Kerala Apartment Ownership Act, 1983

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Statutory text

(1) The declaration and all amendments thereto, the deed of apartment in respect of each apartment and the floor plans of the buildings referred to in sub-section (2) shall all be registered under the Registration Act, 1908 (Central Act 16 of 1908).
(2) Simultaneously with the registration of the declaration, there shall be filed along with it a set of the floor plans of the building showing the layout, location, apartment numbers and dimensions of the apartments, stating the name of the building or that it has no name, and bearing the verified statement of an architect certifying that it is an accurate copy of portions of the plans of the building as filed with and approved by the local authority within whose jurisdiction the building is located.
(3) If the plans referred to in sub-section (2) do not include a verified statement of an architect that such plans fully and accurately depict the layout, location, apartment numbers and dimensions of the apartments as built, there shall be recorded prior to the first conveyance of any apartment, an amendment to the declaration to which shall be attached a verified statement of an architect certifying that the plans thereto for filed, or being filed simultaneously with such amendment, fully and accurately depict the layout, location, apartment number and dimensions of the apartment as built.
(4) In all registration offices, a book called "Register of Declarations and Deeds of Apartments under the Kerala Apartment Ownership Act, 1983" and index relating thereto shall be kept.
(5) The book and the index referred to in sub-section (4) shall be kept in such form and shall contain such particulars as may prescribed.
(6) It shall be the duty of every Secretary or Managing Committee to send to the Sub-Registrar of the area in which the property containing the apartment is situate, or if there is no Sub-Registrar for the area, to the Registrar of the District in which such property is situate, a certified copy of the declaration and deed of apartment made in respect of every apartment contained in the building forming part of the property together with a memorandum containing such particulars as may be prescribed.
(7) The Sub-Registrar or, as the case may be, the Registrar shall register the declaration along with floor plans of the building and the deed of apartment in the Register of Declarations and Deeds of Apartments under this Act and shall also enter particulars in the index kept under sub-section (5).
(8) Any person acquiring any apartment of any apartment owner shall be deemed to have notice of the declaration and of the deed of apartment as from the date of its registration under sub-section (7).
(9) Except as provided in this section, the provisions of the Registration Act, 1908 (Central Act 16 of 1908), shall mutatis mutandis apply to the registration of the declarations and deeds of apartments, 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 16 of 1908).

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