Maharshatra Apartment Ownership Act,1970

Querist :
Anonymous
(Querist) 06 July 2010
This query is : Resolved
One Mr. A has purchased a flat in Nasik City from a Builder in terms of a registered Agreement for Sale. Subsequently, the land Owners through the Builder as their Constituted Attorney executed the Deed of Declaration under the Maharashtra Apartment Ownership Act. Whether the subject Purchaser is required to execute a Deed of Apartment or Declaration and register the same to acquire the free adn marketable title? whether the Purchaser is entitle to receive the Share Certificate as one receives under MOFA Society? Whether the Association of all purchasers is required to be registered as is done in case of MCS Act for Hsg. Society?
there are divergent opinions on these issues. In fact, the Act provides for all these things, however, in pratice I have observed that no Condominium or Association follows the Act. Pl. guide me
Adv. Anand