beyond the mask VOL 2 | Page 81

81

c)statement of the use for which the apartment is intended and restrictions on its use , if any;

(d)the percentage of undivided interest appertaining to the apartment in the common areas and facilities; and

(e)any further details which may be desirable to set forth consistent of the declaration and this Act.

(2)A true copy of every deed of apartment shall be filed in the office of the competent authority.

13.Declaration, deed of apartments and copies of floor plans to be registered.-

(1)The declaration and all amendments thereto and the deed of apartment in respect of each apartment and the floor plans of the buildings referred to in sub-section (2) shall be registered under the Indian Registration Act, 1908.

(2) Simultaneously with the registration of the declaration, there shall be filed along with it a set of the floor plans of the buildings showing the layout, locations, 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 the portions of the plans of the building as filed with and approved by the local authority within whose jurisdiction the building is located. If such plans do not include a verified statement by such 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 therefore filed, or being filed simultaneously with such amendment, fully and accurately, depict the layout, location, apartment number and dimension of the apartment as built.

(3) In all registration offices a book called “Register of declarations and deeds of apartments under the Haryana Apartment ownership Act, 1983” and index relating thereto shall be kept. The book and the index shall be kept in such form and shall contain such particulars as may be prescribed.

(4) It shall be the duty of every Manager or Board of Managers to sent to the Sub-Registrar of the Sub-District in which the property containing the apartment is situated, or if there is no Sub-Registrar for the area, to the Registrar of the District in which such property is situated, 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.

(5) The Sub-Registrar or as the case may be, the Registrar shall register the declaration alongwith the floor plans of the building and the deed of apartment in the register and also enter particulars in the index kept under sub-section (3), Any person acquiring an apartment of any apartment owner shall be deemed to have notice of the declaration and deed of apartment.

(6) Except as provided in this section, the provisions of the Indian Registration Act, 1968 shall, mutatis mutandis, apply to the registration of such declarations and deeds of apartments and the words and expressions, used in this section but not defined in this Act shall have the meaning assigned to them in the Indian Registration Act, 1908.

HARYANA APARTMENT OWNERSHIP ACT