Section 12 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

(1) Whenever any
allotment, sale or other transfer of any apartment is made by the
promoter to the allottee or transferee, the promoter shall,-
(a) in the case of an allotment, sale or other transfer
made after the commencement of this Act, within
six months from the date of such allotment, sale or
other transfer; or
(b) in the case of any allotment, sale or other transfer
made before the commencement of this Act,
wherein conveyance deed of apartment has not
been executed or if executed, is not in consonance
with the provisions of this Act, within one year
from the date of such commencement,
execute a Deed of Apartment containing the following particulars,
namely:-
(i) the name of the allottee or transferee;
(ii) description of the land on which the building
and other common areas and facilities are
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located and whether the land is free-hold or
lease-hold, and if lease-hold, the period of
such lease;
(iii) a copy of the floor plans of the building,
showing the layout, location and number of
apartments, as approved by the local authority
within the jurisdiction of which the building is
located;
(iv) description of the building, stating the number
of stories and basements, the number of
apartments in that building and the principal
materials of which it is constructed;
(v) the apartment number, or statement of the
location of the apartment, its area, number and
dimension of rooms, and immediate common
area to which it has access, and any other data
necessary for its proper identification;
(vi) description of the common areas and facilities
and the percentage of undivided interest
appertaining to the apartment in the common
areas and facilities;
(vii) description of the limited common areas and
facilities, if any, stating to which apartments
their use is reserved;
(viii) value of the property and of each apartment,
and a statement of encumbrances, if any, on
the apartment and the undivided interest on
the date of execution of the Deed of
Apartment;
(ix) statement of the purposes for which the
building and each of the apartments are
intended and restricted as to use;
(x) the name of the person to receive service of
process, together with the particulars of the
residence or place of business of such person:
Provided that the Competent Authority may, if it is satisfied
that the promoter was prevented by sufficient cause from executing
the Deed of Apartment in relation to any apartment within the
period of six months, or one year, as the case may be, permit the
promoter to execute such Deed of Apartment within such further
period, not exceeding six months, as it may specify:
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Provided further that on removal of the encumbrances
referred to in clause (viii) on payment of amount therefore an
endorsement to that effect shall be made on the Deed of Apartment
by the person in whose favour encumbrances were created and the
apartment owner shall get the endorsement registered in
accordance with the provisions of section 13.
(2) The promoter shall-
(a) file in the office of the Competent Authority; and
(b) deliver to the concerned allottee or transferee, as
the case may be, a certified copy of each Deed of
Apartment as registered under section 13.
(3) Whenever any transfer of any apartment is made by the
owner thereof, whether by sale, lease, mortgage, exchange, gift or
otherwise, the transferor shall deliver to the transferee the certified
copy of the Deed of Apartment delivered to him under sub-section
(2) after making an endorsement thereon as to the name, address
and other particulars of the transferee, to enable the transferee to
get the endorsement on the certified copy of the Deed of
Apartment registered in accordance with the provisions of
section 13.
(4) If-
(a) the promoter fails to execute a Deed of Apartment
under sub-section (1) within the period provided in
that sub-section or does not comply with the
provisions of sub-section (2) within a period of
three months of registration of the Deed of
Apartment under section 13,
(b) the apartment owner does not comply with the
provisions of sub-section (3) within a period of
three months of transfer of an apartment by such
owner,
the Competent Authority may impose a penalty to the extent of
rupees five thousand or one per cent of the price of apartment,
whichever is higher, and shall impose an additional penalty of
rupees one hundred for each day commencing with the first day of
default and the penalties so imposed shall be recoverable as arrears
of land revenue.
(5) Notwithstanding imposition of any penalty under subsection (4), an apartment owner, allottee or transferee, as the case
may be, may make an application to the Competent Authority in
the prescribed form and manner giving the details of the apartment
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in relation to which execution of Deed of Apartment under subsection (1) or delivery of Deed of Apartment after endorsement
under sub-section (3) has not been done and the Competent
Authority shall, after giving a reasonable opportunity of being
heard to the lessee, promoter or the transferor, as the case may be,
pass such orders as he deems proper including an order for
registration and delivery of document evidencing the execution of
Deed or after endorsement in the prescribed form and manner shall
send a true copy of the Deed of Apartment after endorsement to the
concerned Registering Officer for registration thereof in
accordance with the provisions of section 13.
(6) Whenever any succession takes place to any apartment
or part thereof, the successor shall, within a period of six months
from the date of such succession, make an application to the
Competent Authority for recording such succession on the certified
copy of the Deed of Apartment in relation to the concerned
apartment, and, if there is any dispute as to the succession to the
apartment, the Competent Authority shall decide the same, and for
this purpose, such authority shall have the power of a civil court,
while trying a suit, and its decisions shall have effect of a decree
and shall, notwithstanding anything contained in section 27 or
elsewhere in this Act, be appealable as if it were a decree passed
by the principal civil court of original jurisdiction.
(7) Whenever any succession to an apartment has been
recorded by the Competent Authority under sub-section (6), such
authority shall send a true copy of such record, to the concerned
Registering Officer for registration thereof in accordance with the
provision of section 13.
(8) For the removal of doubts, it is hereby declared that the
provisions of this section shall be in addition to, and not in
derogation of, the provisions of any other law, for the time being in
force, relating to the transfer of immovable property.