Preliminary No. G.S.R. 100/H.A. 10/83/S. 25/87

Published vide Notification Haryana Gazette, Legislative Supplement, Part 3, dated December 1, 1987/Aghrayana 10, 1909

Town and Country Planning Department

The 20th November, 1987

In exercise of the powers conferred by sub-section (1) of section 25 of the Haryana Apartment Ownership Act, 1983 (Haryana Act No. 10 of 1983), the Governor of Haryana hereby makes the following rules, namely :-

R.1 Short title

These rules may be called the Haryana Apartment Ownership Rules, 1987.

R.2 Definitions

In these rules, unless the context otherwise requires :-

(a) "Act" means the Haryana Apartment Ownership Act, 1983;

(b) "form" means a from appended to these rules;

(c) "section" means a section of the Act.

R.3 Form of declaration [Section 25]

The declaration to be executed, and registered under Section 2 of the Act by the sole owner or all the owners shall be in form A.

R.4 Deed of apartment [Section 5(2)]

(1) The deed of the apartment to be executed by each apartment owner under sub-section (2) of Section 5 shall be in form B.

(2) The deed shall be signed by the apartment owner and verified in the presence of a Magistrate or any other person competent to administer oath and shall be filed with the competent authority within thirty days from the date of its execution or within such longer period as that authority may permit.

R.5 Conveyance by deed of apartments [Section 5(2)]

All transfers of apartment by the sole owner or all owners of the property (being an owner or owners who has or have executed and registered a declaration in form A) to an apartment owner and subsequent transfers from an apartment owner to his transferee shall be by a deed of apartment.

R.6 Form of Register of declaration etc. [Section 13(3)]

(1) The register of declaration and deeds of apartments for the purpose of sub-section (3) of Section 13 shall be in form C.

(2) The index to such register shall be in form D.

R.7 Form for sending certified copy of declaration and deed of apartment, [Section 13(4)]

The Manager or Board of Managers shall send a certified copy of the declaration and deed of apartment in form E.

Form.A Marginal notes instructions for filling certain block spaces

(See rule 3)

Form of Declaration

In the.......(enter the name of city and District........on this........day....(enter the day month and year of declaration) I/We.....(enter the name of sole owner or owners) hereafter referred to as "Grantor", who is fully empowered and qualified to execute this Deed do hereby state :-

I. that the Grantor owns the following land situated in the......(insert metres and bound description of land on which the building scheme is located and add (a) the city, survey number if any (b) revenue particulars of the land) (Also state the date and registration details of the last document of title under which the Grantor claims the land), which is described as follows, namely :-

II. that the Grantor has constructed on this parcel of land, described in I above, an Apartment Building/Group Housing Scheme, known as.......(enter the name of building/group housing

Form.B Form of deed of apartment

(See rule 4)

1. I, .....hereby declare that I am the first/present owner of apartment No.....on the .....floor of a building now under construction/already constructed called......situated at.....in the city/town/village of.....in the district of.....

2. I derived title to the said apartment by a Deed of apartment bearing date.......between..........and myself.

3. I hereby declare that I, my heirs, executors, administrators and assigns and the said apartment referred to in paragraph 1 of this declaration, shall hereafter be subject to the provisions of the Haryana Apartment Ownership Act, 1983 and all amendments thereto and I further declare that I shall comply strictly with the covenants, conditions and restrictions set forth in the declaration and with the bye-laws forming part thereof, and attached hereto, as Exhibit 'B' and with the administrative rules and regulations adopted pursuant to such by-l

Form.C Form of Register for Declarations and Deeds of Apartments

[See rule 6(1)]

A. Particulars of apartment scheme - Name of scheme.....Location of scheme, road etc......City....Postal Index......Distt.

B. Particulars of builder/promoter - Name......Address......

C. Revenue particulars of scheme area - H.B. No......Rect. No......Khasra No.....

D. Index of apartment as shown in the plan annexed - Block......Floor.....Apt. No......Type......

E. Registration office, tehsil, Distt. in which the declaration and deed of apartment are regularised.......