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Q.

What is the Deed of Apartment In India?

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In India, the Deed of Apartment is a specialised legal document that defines individual ownership of an apartment unit within a building along with a proportionate undivided share in the common areas like lifts, staircases, gardens, corridors, parking, etc.

What Do You Mean by Deed of Apartment in India?

  • This instrument goes beyond a regular sale deed by clearly mapping out rights, responsibilities, and the ownership structure in multi-unit residential properties.

  • The Deed of Apartment is executed typically under state-specific Apartment Ownership Acts (for example, Maharashtra Apartment Ownership Act or Karnataka Apartment Ownership Act). 

  • It declares the ownership interest of each unit owner not just in their private unit but also in the common areas of the building on a legally enforceable basis.

  • Only with a registered apartment deed does an owner get recognised rights over both the unit and common areas. It states each owner’s share and maintenance obligations.

  • It helps in forming a legally recognised owners’ association with defined rules. A registered apartment deed reduces conflicts over usage rights and property boundaries.

  • The developer usually prepares the initial Deed of Apartment, and it must be registered with the sub-registrar after the sale, with the buyer’s name appearing in it, making it legally valid and enforceable.

How is a Deed of Apartment Different from a Sale Deed?

  • A sale deed simply transfers the unit from seller to buyer and is required under the Registration Act, 1908 for title transfer. 

  • In contrast, the Deed of Apartment is declaratory and regulatory; it establishes the legal structure of separate apartment ownership plus undivided share in common property and governs rights among all owners. 

  • Sale deeds are transactional; apartment deeds define collective governance rights.

I hope this helps!

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