NOTE on Agreements & Deed of Declaration.

* While buying a flat, you have to get following documents from the developer/builder:

• A registered agreement for the sale of non-agreeculureal Land.: This is for the undivided share of Land. Buyer must ask the details for the calculation of this. It should be in terms of Sq.ft or Sq.m. But in Karnataka undivided share of Land is expressed as percentage of total land. It is better if it is expressed in terms of Sq.ft as well as percentage. This document is signed by land owners and the buyer. It describes the property (Land in terms of cents) and confirms the undivided share land in terms of percentage. Land area in terms of Sqm is found in approved PLAN.



• An agreement for the construction of the multiapartment building. This includes the Price of the flat and car park and the advance payment made while booking the flat. Payment schedule for the balance amount is mentioned. Other terms & condition of Sale and specification of the apartment is written in this agreement.



• Registered Deed of Declaration.This is an essentiontial document.

(1) The Declaration shall contain the following particulars, namely:- (reproduced from the The Karnataka Apartment Ownership Act, 1972. KLJ PUBLICATION 2007 FIFTH EDITION.)

• (a) description of the land on which the building and improvements are or are to be located; and whether the land is freehold or leasehold;


• description of the building stating the number of storeys and basements, the number of apartments and the principal materials of which it is or is to be constructed;



• the apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification;



• description of the common areas and facilities;



• description of the limited common areas and facilities, if any, stating to which apartments their use is reserved;



• value of the property and of each apartment, and the percentage of undivided interest in the common areas and facilities appurtaining to each apartment and its owner for all purposes, including voting; and a statement that the apartment and such percentage of undivided interest are not encumbered in any manner whatsoever on the date of the Declaration;



• statement of the purposes for which the building and each of the apartments are intended and restricted as to use ;



• the name of a person to receive service of process in the cases hereinafter provided, together with the residence or place of business of such person which shall be within the city, town or village in which the building is located:



• provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property;



• any other details in connection with the property which the person executing the Declaration may seem desirable to set forth consistent with this Act: and



• the method by which the Declaration may be amended, consistent with the provisions of this Act.

(2)A true copy each of the Declaration and bye-laws and all amendments to the Declaration or the bye-laws shall be filed in the office of the competent authority.

Contents of Deeds of Apartments.-
(1) Deeds of Apartments shall include the following particulars, namely:-

• description of the land as provided in section 11 of this Act or the post office address of the property, including in either case the book, page and date of executing the Declaration the date and serial number of its registration under the Registration Act, 1908 and the date and other reference if any, of its filing with the competent authority;



• the apartment number of the apartment in the Declaration and any other data necessary for its proper identification;



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



• the percentage of undivided interest appurtaining to the apartment in the common areas and facilities; and



• any further details which the parties to the Deed may deem desirable to set forth consistent with the Declaration and this Act.

(2) A true copy of every deed of Apartment shall be filed in the office of the competent authority.
Declarations, deeds 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 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 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 buildings 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 number 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 theretofore filed, or being filed simultaneously with such amendment, fully and accurately depict the layout, location, apartment number and dimensions of the apartment as built.



3. In all registration offices a book called " Register of Declarations and Deeds of Apartments under the Karnataka Apartment Ownership Act, 1972" 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 send to the Sub-Registrar of the sub-district 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.



5. 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 Declaration and Deeds of Apartments under the Karnataka Apartment Ownership Act, 1972" and shall also enter particulars in the Index kept under sub-section (3). Any person acquiring any apartment or 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 this section.



6. Except as provided in this section, the provisions of the Registration Act, 1908, shall mutatis mutandis apply to the registration of such Declarations and Deeds of Apartments, and the words and expression used in the section but not defined in this Act shall have the meaning assigned to them in the Registration Act, 1908.
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