Response

Yes you will have to make a deed of apartment and get it registered in the sub-registrar’s or registrar’s office by paying the due stamp duty on the same.

Section 5 (2) of the Haryana Apartment Ownership Act 1983, makes it mandatory for the apartment owner(s) to execute the Deed of Apartment to claim ÔownershipÕ of their apartment. Deed of Apartment is also mandatory from Voting Rights perspective and as per the Public Notice issued by Director Town & Country Planning. Any person using property or any part thereof shall be subject to this Act, the declarations and bye-laws to the provisions of this Act.

Deed of Apartment is to be signed in the presence of a Magistrate, sub registrar or any other person competent to administer the oath. Registration of the deed of an apartment is compulsory in nature. It Provides greater transparency, Safeguards the interest of apartment owners, is a Conclusive evidence of lawful ownership, Easily identify its allocated area along with appurtenant percentage of undivided interest in common areas and facilities and Prevents fraudulent practices and forgeries; litigations and encumbrances if any.

Conveyance Deed of property is for ownership of the property. The Haryana Apartment Ownership Act 1983 and Rules, only recognizes the Deed of Apartment as the document that secures your title to the apartment. This is particularly applicable for Apartments in group housing colonies. Even if a Conveyance Deed, is there but one must get the Deed of Apartment executed.

Reference: Section 5 (2) of the Haryana Apartment Ownership Act 1983.

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LAWAYZ-2023-644