Provided that no apartment or its undivided interest in the common areas and facilities shall be partitioned or sub-divided for any purpose whatsoever.

Declaration

1. (1) The promoter or majority of apartment owners of a building, as the case may be, shall submit a declaration in such Form, as may be prescribed, in duplicate, accompanied with such fees and in such manner as may be prescribed, to the competent authority within ninety days from the date of issue of the completion certificate of the building by the appropriate authority: Provided that in respect of every building in existence on the date of commencement of this Act, the Form shall be submitted within one hundred and eighty days from that date.
2. (2) On receipt of a declaration under sub-section (1), the competent authority may hold such inquiry, as deemed necessary, to ascertain whether,
   • (i) the property comes within the purview of the Act; and
   • (ii) the declaration, is in order.
3. (3) The competent authority, on being satisfied that the declaration is in order, shall make an endorsement on the body of the declaration, testifying the fact of acceptance of the declaration, put its dated signature, and set its seal and return it back to the declarant and retain a copy of the same for record.
4. (4) If the competent authority were to find on examination that the declaration does not conform to the requirements of this Act or the rules made thereunder, it shall return the declaration, indicating the defects to be rectified, with direction to resubmit the same within a period of thirty days.