Declaration of Apartment Ownership

THIS DECLARATION is made at………this……………day of….....by (1) Mr……….and (2) Mr………………of…………………………….residing at………hereinafter for brevity's sake referred to as the "Grantors" and who are fully empowered and qualified to execute this Deed do hereby state as follows:
1. That the Grantors own the following land situated at…………..which is more particularly described in the Schedule hereunder written.

THE SCHEDULE ABOVE REFERRED TO
(Description of the property)
x         x        x        x         x
2. That the Grantors have constructed on the parcel of land described above a building known as………Apartments, according to the plans attached hereto as Exhibit. 'A' which were approved by the Municipal Corporation of………..on the………..day of……..and which are made a part hereof. The Municipal Ward No. 1 Street No. and House No.
are as follows: The postal address of the building is at…………………..
3. The said building consists of a ground and………………..upper floors.
All the Apartments are for residential purposes / and are all capable of individual utilisation on account of having their own exit to a common area and facilities of the Building and the Apartments will be sold to one or more owners each owner obtaining a particular and exclusive property right thereto and each apartment constituting a heritable and transferable immoveable property within the meaning of any law for the time being in force in the State (hereinafter referred to as "family unit") and also an undivided interest in the general and/or restricted common areas and facilities of the building, as listed hereinafter in this Deed, necessary for their adequate use and enjoyment and hereinafter referred to as "general and/or restricted common areas and facilities", all of the above in accordance with the Maharashtra Apartment Ownership Act, 1970.
4. That the aforesaid building has a total built up area of……………………sq. metres equal to…………..sq. feet constituted as follows:
Area of each family Unit.                                       General and/or restricted
common area and facilities
Total                                                                Total
5. That this Condominium shall be known as…………………Condominium and that the family units, and common areas and facilities of the building will be as follows:
(1) Family units : In each of the upper floors in the said building there are……….family units as mentioned below, Entire building shall consist of…….residential units. These family units are numbered as under:
GROUND FLOOR: FIRST FLOOR: SECOND FLOOR:
The proportionate share in the common areas and facilities of each of the Apartments is given in the Schedule hereto annexed and marked annexure……in the plan.
Each family unit is equipped with water connections and electrical wiring. The family units are described below:
The measures of a family units include all the outside walls and one half of the block partition but excluding bearing walls.
Each family unit is an apartment having an area and shape as specifically shown in Exhibit 'A' (Colly) to the Declaration. The boundaries of each family unit are as per the said plan thereof hereto annexed as Exhibit 'A'. Its main door has access to the corridor of the respective floors,
(2) COMMON AREAS AND FACILITIES:
The parcel of land is described in the Schedule of the paragraph First of the Deed.
Parking facilities as shown in Exhibit 'A' attached hereto and consisting of…….sq. metres stairway of……..sq. metres which leads from the ground floor to the 1st floor, 1st floor to 2nd floor, 2nd floor to 3rd floor and…… to terrace.
(d) The lobby which gives access to the family units and to the stairway consisting of…………….sq. metres on ground and first floors and sq. meters on second and third floors. 
Lavatory and Bathroom Block of ...  sq. meters common . . . Water tank located on the terrace.
Ground water tank with Electric Pump.
(h) Plumbing network throughout the building.
(i)   Electrical wiring network throughout the building.
(j)   Necessary light and public water connection.
(k) The foundations and main walls, columns, beams and roofs of such buildings as described in the plans which form part of this deed as Exhibit 'A" (Colly).
(1) Tanks, pumps, motors and in general all apparatus and installation existing for common use.
(m) There are no elevators in the building, no fire fighting equipment, no compressor ducts, no central air conditioning equipment or heating equipment, (Note : If there are any additional areas of facilities such as basement, gardens, swimming pool, playing courts, elevators etc. they are to be mentioned)
6. (a) That right, title and interest of each owner of a family unit located on each of the floors .in the common area and facilities located-in the respective floor and listed under letters (a) to (m) of sub-paragraph 2 of paragraph 5 and their proportionate share in the profits and common expenses in the said common areas and facilities as well as the proportionate representation for voting purposes in the Meeting of the Association of Apartment Owners of the……………..Condominium is based on the proportionate value of each family unit to the total value of all family units as follows:
Family Units         Built up area in Sqft.     Value Rs.    Voting percentage

(b) The right, title and interest of each owner of a unit located on each of the………………….upper floors of the said building in the restricted areas and facilities located in the respective floors and listed under item ( ) of the said sub-paragraph 2 of the paragraph 5 and their proportionate share in the profits and common expenses in the said restricted common areas and facilities as well as the proportionate representation for voting purposes with respect to the said restricted common areas and facilities in
the meeting of the Association of Apartment Owners of the said …….Condominium as given below is based in the proportionate value of each family unit to the total value of all the units located on its respective floor as follows:
Unit No.                                                  Percentage

(c) The proportionate representation for voting purposes provided in (a) and (b) hereof may be limited in accordance with the provisions of the bye-laws attached hereto as Exhibit. 'B'.
(d) Apartments and the percentage of undivided interest in the common areas and facilities appertaining to the Apartments are not encumbered in any manner whatsoever on the date of declaration.
That the administration of……………..Condominium consisting as afore said of the building and parcel of land described in paragraph first and fifth of this deed shall be in accordance with the pro visions of the bye-laws which are made a part of this deed and are attached hereto as Exhibit B.
That as appears above a plan of apartment ownership is hereby constituted under and subject to the provisions of the Maharashtra Apartment Ownership Act, 1970 so that the family units of the ground and upper floors may be conveyed and registered as individual properties capable of independent use, on account of each having its own exit to common areas and facilities of the building, each family unit owner having an exclusive and particular right, title and interest over his respective family unit and in' addition to that specified undivided interest in the common areas and facilities and/or restricted common areas and facilities.
That for the purpose of stamp duty and registration fees to be imposed on the registration of this deed and in the register of declaration and deeds of apartments under section 13(5) of the said Act the value of the condominium is distributed as follows:
Parcel of land described in paragraph 1 hereof is valued at Rs.
The building described in paragraph 2 and 3 thereof is valued at Rs.
That as long as the Grantors own one or more of the family units the Grantors shall be subject to the provisions of this deed and of Exhibits A and B attached hereto and the Grantors' covenant to take no action which will adversely affect the rights of the Association of Apartment Owners with respect to assurance against latent defects in the buildings or other rights assigned to the association by reason of the establishment of the………condominium.
That the general and/or restricted common areas and facilities shall remain undivided and no owner shall bring any action for partition or division thereof.
That the percentage of the undivided interest in the general and/ or restricted common areas and facilities established herein shall not be changed except with the unanimous consent of all the apartment owners expressed in an amendment to this deed duly registered.
That the undivided interest in the general and/or restricted common areas and facilities shall not be separated from the family unit to which it appertains and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.
That each apartment owner shall comply with the provisions of this Deed, the bye-laws, decisions and resolutions of the Association of Apartment Owners or its representatives, and failure to comply with any such provisions, decision or resolutions, shall be ground for an action to recover sums, due for damages, or for injunctive relief.
That the dedication of the property to the plan of Apartment Ownership herein shall not be revoked, or the property removed from the plan of Apartment Ownership, or any of the provisions herein amended unless all of the apartment owners and the mortgagees of any of the units unanimously agree to such revocation, or amendment or removal of the property from the plan by duly registered instruments.
That no apartment owner of a family unit may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the general and/or restricted common areas and facilities or by the abandonment of his family unit.
All sums assessed by the Association but unpaid for the share of the common expenses chargeable to any family unit shall constitute a charge on such family unit prior to all other charges except only (1) charge, if any. on the family unit for payment of Government or Municipal taxes or both and (2) all sums unpaid on a first mortgage of the apartment.
That all present or future owners, tenants, future tenants or any other person that might use the facilities of the building in any manner, are subject to the provisions of this Deed and that the mere acquisition or rental of any of the family units of the building or the mere act of occupancy of any of the said units shall signify that the provisions of this Deed are accepted and ratified. The respective family units shall not be rented or given on leave and license or care taker basis by the apartment owners thereof for transient or hotel purposes, which shall be defined as (a) rental compensation or compensation for any period less than thirty days or (b) any rental or if the occupants of the family units are provided customary hotel or boarding or loading or paying guest services other than the foregoing obligations, the apartment owners of the respective family units shall have the absolute right to lease such unit or give it on leave and license or care taker basis provided that the said lease or leave or license or care taker basis is made subject to the covenants and restrictions contained in this Declaration and further subject to the Bye-laws in Exhibit B attached hereto.
That if the property, subject to the Plan of Apartment ownership is totally or substantially damaged or destroyed, the repair, reconstruction, or disposition of the property shall be as provided by the Maharashtra Apartment Ownership Act, 1970,
That, where a family unit is sold by a mortgagee in exercise of his powers of sale under an English Mortgage or by a Court in execution of a decree in a suit brought by a mortgagee against the owner of such family unit, then neither the mortgagee nor the purchaser who derives title to the family unit at such sale, or his successors or assigns shall be liable, for assessments by the association which became due prior to the acquisition of title by such acquirer it being understood, however, that the above shall not be construed to prevent the Association of Apartment Owners from filing and claiming charge for such assessments and enforcing same as provided by law, and that such charge shall be subordinate to such mortgage.
That in a voluntary conveyance of a family unit the grantee of the unit shall be jointly and severally liable with the Grantors for all unpaid assessments by the Association of Apartment Owners against the latter for his share of the common expenses upto the time of the grant of conveyance without prejudice to the grantee's rights to recover from the Grantors the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the Manager or Board of Managers of the Association, as the case may be, setting forth the amount of the unpaid assessments against the Grantors due to the Association and such grantee shall not be liable for nor shall the family unit conveyed be subject to a charge for. any unpaid assessments made by the Association of Apartment Owners against the Grantors in excess of the amount therein, setforth.
That the Manager or Board of Managers of the Association shall obtain and continue in effect blanket property insurance in form and amounts satisfactory to mortgagees holding first mortgages covering family units but without prejudice to the right of the owner of a family unit to obtain individual family unit insurance.
That insurance premium for any blanket insurance coverage shall be a common expense to be paid by monthly assessments levied by the Association of Apartment Owners, and that such payment shall be held in a separate account of the Association and used solely for the payment of the blanket insurance premium as such premium become due.
IN WITNESS WHEREOF (1)…….(2)…….the Declarants have hereto set their hands this	day of	
Signed And Delivered
by Shri…………….
and Shri…………..
in the presence of…………….
1