Chapter IV Deed of Transfer of Apartment and its Registration

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11. Contents of Deed of Transfer of Apartment

Statutory text

(1) Whenever any allotment, sale or other transfer of any apartment is made by the promoter to the allottee or transferee, the promoter shall, -
- (a) in the case of an allotment, sale or other transfer made after the commencement of this Act, within six months from the date of such allotment, sale or other transfer; or
- (b) in the case of any allotment, sale or other transfer made before the commencement of this Act, wherein conveyance deed of apartment has not been executed or if executed, is not in consonance with the provisions of this Act, within one year from the date of such commencement, execute a Deed of Transfer of Apartment containing the following particulars, namely:-
  - (i) the name of the allottee or transferee;
  - (ii) description of the land on which the building and other the common areas and facilities are located and whether the land is free-hold or leasehold, and if lease-hold, the period of such lease;
  - (iii) a copy of the floor plans of the building, showing the layout, location and number of apartments, as approved by the local authority within the jurisdiction of which the building is located;
  - (iv) description of the building, stating the number of stories and basements, the number of apartments in that building and the principal materials of which it is constructed;
  - (v) the apartment number, or statement of the location of the apartment, its area, number and dimension of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification;
  - (vi) description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities;
  - (vii) description of the limited common areas and facilities, if any, stating to which apartments their use is reserved;
  - (viii) value of the property and of each apartment, and a statement of encumbrances, if any, on the apartment and the undivided interest on the date of execution of the Deed of Transfer of Apartment;
  - (ix) statement of the purposes for which the building and each of the apartments are intended and restricted as to use;
  - (x) the name of the person to receive service of process, together with the particulars of the residence or place of business of such person: Provided that the Competent Authority may, if it is satisfied that the promoter was prevented by sufficient cause from executing the Deed of Transfer of Apartment in relation to any apartment within the period of six months, or one year, as the case may be, permit the promoter to execute such Deed of Transfer of Apartment within such further period, not exceeding six months, as it may specify: Provided further that on removal of the encumbrances referred to in clause (viii) on payment of amount therefore an endorsement to that effect shall be made on the Deed of Transfer of Apartment by the person in whose favour encumbrances were created and the apartment owner shall get the endorsement registered in accordance with the provisions of section 12.
(2) The promoter shall-
- (a) file in the office of the Competent Authority; and
- (b) deliver to the concerned allottee or transferee, as the case may be, a certified copy of each Deed of Transfer of Apartment as registered under section 12.
(3) Whenever any transfer of any apartment is made by the owner thereof, whether by sale, lease, mortgage, exchange, gift or otherwise, the transferor shall deliver to the transferee the certified copy of the Deed of Transfer of Apartment delivered to him under sub-section (2) after making an endorsement thereon as to the name, address and other particulars of the transferee, to enable the transferee to get the endorsement on the certified copy of the Deed of Transfer of Apartment registered in accordance with the provisions of section 12.
(4) If-
- (a) the promoter fails to execute a Deed of Transfer of Apartment under subsection (1) within the period provided in that sub-section or does not comply with the provisions of sub-section (2) within a period of three months of registration of the Deed of Transfer of Apartment under section 12,
- (b) the apartment owner does not comply with the provisions of sub-section (3) within a period of three months of transfer of an apartment by such owner, the Competent Authority may impose a penalty to the extent of rupees five thousand or one per cent of the price of apartment, whichever is higher, and shall impose an additional penalty of rupees one hundred for each day commencing with the first day of default and the penalties so imposed shall be recoverable as arrears of land revenue.
(5) Notwithstanding imposition of any penalty under sub-section (4), an apartment owner, allottee or transferee, as the case may be, may make an application to the Competent Authority in the prescribed form and manner giving the details of the apartment in relation to which execution of Deed of Transfer of Apartment under sub-section (1) or delivery of Deed of Transfer of Apartment after endorsement under sub-section (3) has not been done and the Competent Authority shall, after giving a reasonable opportunity of being heard to the lessee, promoter or the transferor, as the case may be, pass such orders as he deems proper including an order for registration and delivery of document evidencing the execution of Deed or after endorsement in the prescribed form and manner shall send a true copy of the Deed of Transfer of Apartment after endorsement to the concerned Registering Officer for registration thereof in accordance with the provisions of section 12.
(6) Whenever any succession takes place to any apartment or part thereof, the successor shall, within a period of six months from the date of such succession, make an application to the Competent Authority for recording such succession on the certified copy of the Deed of Transfer of Apartment in relation to the concerned apartment, and, if there is any dispute as to the succession to the apartment, the Competent Authority shall decide the same, and for this purpose, such authority shall have the power of a civil court, while trying a suit, and its decisions shall have effect of a decree and shall, notwithstanding anything contained in section 26 or elsewhere in this Act, be appealable as if it were a decree passed by the principal civil court of original jurisdiction.
(7) Whenever any succession to an apartment has been recorded by the Competent Authority under sub-section (6), such authority shall send a true copy of such record, to the concerned Registering Officer for registration thereof in accordance with the provision of section 12.
(8) For the removal of doubts, it is hereby declared that the provisions of this section shall be in addition to, and not in derogation of, the provisions of any other law, for the time being in force, relating to the transfer of immovable property.

Chapter IV Deed of Transfer of Apartment and its Registration

12. Registration of Deed of Transfer of Apartment

Statutory text

(1) Every Deed of Transfer of Apartment and every endorsement thereon relating to the transfer of the apartment shall be deemed to be a document which is compulsorily registrable under the Registration Act, 1908 (Central Act No. 16 of 1908) and shall be registered with the Registering Officer accordingly, and the words and expressions used in this section but not defined in this Act, shall have the meanings respectively assigned to them in the Registration Act, 1908 (Central Act No. 16 of 1908).
(2) In all registration offices, a book called “Register of Deeds of Transfer of Apartments under the Rajasthan Apartment Ownership Act, 2015 (Act No. 12 of 2019) ” and an index relating thereto shall be kept in such form and shall contain such particulars as may be prescribed.
(3) Whenever any endorsement on a Deed of Transfer of Apartment is registered the Registering Officer shall forward a certified copy thereof to the Competent Authority to enable it to make necessary entries in the certified copy of the Deed of Transfer of Apartment filed with it under sub-section (2) of section 11.
(4) Any person acquiring any apartment shall be deemed to have notice of the contents of the Deed of Transfer of Apartment and the endorsement, if any, thereon as from the date of its registration under this section.

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