Execution of deed of transfer.

(1) The deed of transfer of apartment, shall be executed by the promoter in the name of the allottee or transferee along with undivided proportionate title in the common areas to the association of allottees, in such manner and with such particulars as may be prescribed, within three months from the date of issue of Occupancy Certificate and shall be registered under the provisions of the Registration Act, 1908: Provided that where any allotment, sale or otherwise transfer of any apartment is made by the promoter to the allottee or transferee in respect of project completed before the commencement of this Act and after the commencement of the Real Estate (Regulation and Development) Act, 2016 but no deed of transfer in respect of the common areas and facilities, has been executed, the promoter shall, within six months from the date of commencement of this Act, execute a separate deed of transfer in favour of association of allottees in consonance with the provisions of this Act and rules and the Real Estate (Regulation and Development) Act, 2016. (2) While registering the deed of transfer as mentioned in sub-section (1), the promoter shall attach following documents, namely: ─ (i) Occupancy Certificate; (ii) Odisha RERA registration certificate, wherever applicable; (iii) registration of apartment owners or allottees association certificate, if any; (iv) registered declaration and amendment thereto, if any; or (v) Such other documents as may be prescribed. (3) The deed of transfer of apartment referred to in sub-section (1) shall contain such particulars as may be prescribed. (4) The promoter or the transferor (in case of subsequent transfer of apartment by the apartment owner) shall submit deed of transfer along with the required documents in duplicate within fifteen days from the date of their execution to the Competent Authority, who shall, after satisfying himself as to the correctness of the contents thereof make an endorsement thereon and return the same along with the enclosures to the promoter or the transferor, as the case may be for its registration within fifteen days from the date of return, before the registering officer empowered under the Registration Act, 1908. (5) Every deed of transfer along with documents referred to in the preceding sub-section and every endorsement thereon relating to the transfer of apartment shall be deemed to be a document which is compulsorily registrable under the Registration Act, 1908 and shall be registered by registering officer accordingly. (6) Notwithstanding anything contained in the Registration Act, 1908, the registering officer shall forward a certified copy of the deed of transfer with endorsement made thereon to the competent authority to enable him to make necessary entries in the register maintained for the purpose. (7) Nothing in sub-section (1) prevent the apartment owners from enjoying their respective interest in the common areas and facilities. (8) Association of allottees relating to registration of common areas by transfer deed includes the persons who are owners of the apartments before the date of the commencement of this Act, and the proportionate share of title on the common area transferred in favour of such owners shall be deemed to have been transferred in favour of the association of allottees. (9) No deed of transfer of apartment in favour of allottees shall be executed before registration of the association of allottees as per Section 15.