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Bhavesh Furia   30 October 2019

Conveyance deed for an apartment

Ours is a project in Pimpri Chinchwad corporation of 8+16 flats plus a Bungalow with garden as a shared amenity

The builder has created society for the wing with 16 flats and is planning to create an apartment for building with 8 flats where we live.

Would like to know if it's possible to create a conveyance deed of an apartment as there are not much article available online regarding apartment procedure.

Also what clauses should be part of apartment creation document for buyer's protection ?


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 October 2019

An apartment by-law will include:

  • An apartment owners association can be registered under the society act or a Flat Owners Act.
  • An apartment association must consist of at least 10 people, over 18 years of age.
  • All the owners are obliged to pay monthly assessments imposed by the association and abide by the rules of conduct.
  • The registration of an association involves the drafting of memorandum and bye-laws.
  • The memorandum shall contain the name of the association and the objects of the association apart from the names, addresses and occupations of the members of the committee which is the governing body.
  • The names of persons or officers who can sue or be sued on behalf of the association.
  • Particulars of the person or officer who can give directions with regard to the business of the association.
  • It is mandatory that the bye-laws should have details about the enrollment of members, qualification for membership, restrictions and other conditions along with the entrance fee.
  • The deadline date for the payments and the fee.
  • A list of delayed payments and penalties.
  • Rules about eviction of members and the circumstances under which members can be evicted along with the particulars of rights, obligations and privileges of the members.
  • The bye-laws should have the particulars relating to the manner in which the business of the association has to be carried out.
  • A list of qualifications of members to hold office, the term and other conditions for appointment/reappointment should be mentioned.
    • Every apartment owners association shall make own bye-laws at its first meeting for the administration of the affairs in relation to the apartments and the property relating thereto.
    • People who have purchased apartments and executed a deed of apartment shall automatically be the members of the association and will pay the membership fee. Each apartment owner shall receive a copy of the bye-laws.
    • The affairs of the association shall be governed by a board and elected by the members by simple majority in the general body meeting.
    • The principal office bearer of the association shall be a President, a Vice-President, a Secretary and a Treasurer, all of whom shall be elected by and from the board. The board may appoint an Assistant Secretary and an Assistant Treasurer.
    • One third of the members of the board retire annually.
    • The office bearers shall hold office until their successors have been elected and hold their first meeting.
    • The first meeting of a newly elected board shall be held within ten days of election.
    • The administration of every property shall be governed by bye-laws, a true copy of which shall be annexed to the declaration.
    •  

 

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     31 October 2019

Originally posted by : Bhavesh Furia
Ours is a project in Pimpri Chinchwad corporation of 8+16 flats plus a Bungalow with garden as a shared amenityThe builder has created society for the wing with 16 flats and is planning to create an apartment for building with 8 flats where we live.Would like to know if it's possible to create a conveyance deed of an apartment as there are not much article available online regarding apartment procedure.Also what clauses should be part of apartment creation document for buyer's protection ?

 

1. Joint Conveyance Deed would have to be executed with following parties:
a) Society with 16 flats
b) Apartment with 8 flats
c) Bungalow
Separate Coveyance Deed would be possibile ONLY if aggregate plot of land can be demarcated property with separate road /entrance to all the three above. ELSE NO.

2. Another desirable & safe option would be to include all as members of the Society and have a single conveyance deed in name of Society, to avoid futuristic disputes.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 October 2019

Yes, conveyance deed can be made for apartments also with or without an association.  The buyer should take care that the seller has title for the apartment. If the buyer is the first buyer after the apartment has taken shape, the title of seller will comprise his undivided share in the ownership of the plot of land and documents with regard to construction of the building comprising the apartment. It would be better to get a non-encumbrance certificate from the sub-registrar's office having jurisdiction. It is desirable to attach  plan drawings of the apartment and the building.


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