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Section 5: Particularstobe containedin theagreement

Assam Apartments (Construction and Transfer of Ownership) Rules, 2010State Rules of Assam · 2007

, 'r s.

" (1) The agreementprescribed iJJ. Section 24(1) ofthe Act shall contain, inter alia, the ' particulars referred to in sub-rule (2) ofrule 5 and to such agreementthere shall, be attached copies of the documentsspecified in sub-rule (3) ofrule 5.,

(2) Particulars:- , ,', ' ,'

(i) if the, building is to be constructed, the liability of thepromoter/builder to construct it 'according to the plans and specifications approved by the competent authority; ,

(ii) the probable date by which.thepossession of the aPartnlentis to behanded , over to the purchaserandthe extensionofthe probabledates ifrequired shall be'fixed by the competentauthori~;' . ,'

(iii) 'the extentofthe areaofthe '~partment includingthe commonareasshouldbe shownseparately; , ". " ,

(iv) 'the price ofthe apartment including the proportionatepriceofthe common areasand additional facilities which shouldbe shownseparatelytobepaidby ,the purchaser of apart1l1ent, and the intervals at which installments thereof maybepaid; " ' " '

(v) ,the nature, extentand descriptionofcommonareas'and facilities;

(vi) percentage of undivided interest in the common areas, and facilities, ,appertainingto theapartment to be sold; ".~. .: I " " ': '

(vii) percentage of undividedinterest in the coinmon areas:and' facilities, if any appertainingto the flat or apartmentagreedto be sold;

(viii)statementofthe use forwhichthe flat or apartmentis intendedandrestriction ,.'ofitsuse, ifany. . ,!

(~). Copies ofdocumentsto be attached.to the agreement» " ' , '._'J

(i). the certificate by any.Advocateas.indicated in AI1rlexure~AofFonn-I;

(ii). .the extent ofrelevant-revenue and.Municipalrecords showingthe natureof , ""the title.ofpromoter/builder to theIandonwhich apartments areconstructed or are to be constructed; ,: :

(iii) the plans and specificationsofthe apartmentas approved by the competent Authority. ' .:f r, .';' " . ' i, ! .

6., (~) The l1la~~r ,of.~~~cu$g.U1~ .a~~~ment:~ The promoter-or.builder.shallbefore acceptingany.advancep~ym~nt g~ 4~B9~its,e~t~r intoanagreementwitlrtheapartment purchaser in Fonn-I containingparticularsspecified, in sub-rule (2) ofrole 5 and shall attach thereto the copiesofthe.documents specified in sub-rule (3) ofrule 5., "::.,' :.;

<:' ,~_. ; . ; ... ' f.; ..." '." . -, ~. _ - ~.'

(2) Themaimerofexecution ofinstrumentofsale,purchase or lease shall be as per the .

.agreedterms and conditions' ofpurchaser and vendor and shall beregistered under Indian Registrations Act, 1908 (Central Act, 16 of 1908) within one month of making the full pa~ent ofas per the initial agreement. ' .

7. .Period of submission 'of application f6t'jlegi'stration of society or .association of .

.purchasers ofepartmenti->: "' :;[~;.. ,' :,Afterpurehaseofsixtypercentoftheapartments, the purchasersshall forma-society or association andregister.thesame beforethe.competentregisteringauthoritywithinfour months from the:date.oftcompletingof,sixty percent purchase as provided in: section

31QftheAct.

576 THE" ASSAM GAZETTE, EXTRAORDINARY: MARCH 9,' 2010

Where this provision sits

ActAssam Apartments (Construction and Transfer of Ownership) Rules, 2010
Section5
Marginal noteParticularstobe containedin theagreement
JurisdictionState of Assam
StatusIn force as published by the source

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