Bare ActsThe Punjab Apartment Ownership Act, 1995

Section 16

Amendment status not verified — confirm the current text below against the official source.

(1) Every instrument under section 9, every sub-lease and every document transferring management of common areas and facilities to an association under section 12, every conveyance deed of apartment and every endorsement thereon and every hire- purchase agreement relating to an apartment and a set of floor plans for every building of apartments under section 14, shall be deemed to be documents which are compulsorily registerable under the Registration Act, 1908 (Central Act No. 16 of 1908) and shall be registered with the registering officer accordingly, and the words and expressions used in this section but not defined in this Registration of conveyance deed of apartment. Act, shall have the meanings respectively assigned to them in that Act. (2) The promoter shall file in the appropriate registration office with the first conveyance deed of apartment in respect of every building, set of all floor plans of the building, showing the layout, location, numbers and dimensions of apartments, and bearing the verified statement of an Architect certifying that it is an accurate copy of the plans of the building as filed with and approved by the local authority within the jurisdiction of which the building is located. (3) In all registration offices, a book called "Register of conveyance deeds of apartments under the "Punjab Apartment Ownership Act, 1995" and an index relating thereto shall be kept in such form and shall contain such particulars as may be prescribed. (4) Whenever any endorsement on a conveyance deed of apartment is registered, the concerned registering officer shall forward a certified copy thereof to the competent authority to enable that authority to make necessary entries in the certified copy of the concerned conveyance deed of apartment filed with it under sub-section (3) of section 14. (5) A person acquiring an apartment shall be deemed to have notice of the contents of the conveyance deed of apartment and the endorsement if any, thereon as from the date of its registration under this section. CHAPTER IV ASSOCIATION AND REGULATION OF ITS AFFAIRS 1[17. (1) After obtaining occupation certificate and within three months of majority of the apartments being allotted, sold, or otherwise transferred, the promoter shall make an application to the competent authority appointed under clause (m) of section 3 of the principal Act for the registration of association, with the persons who have taken apartments as members and if the promoter fails to make such application, the allottees shall make such application. 1Substituted by Punjab Act No.17 of 2021. Section 4 Formation of association. (2) If the promoter or the allottees, as the case may be, fail(s) to make application for registration of the association within the period mentioned in sub-section (1), the competent authority shall by an order, direct the promoter or the allottees, as the case may be, to form an association of residents in respect of the project within such period, as may be specified in the order. (3) The owner or allottee or occupier of any apartment shall be a member of the association from the date he takes possession of such apartment. (4) The promoter of the project shall be an associate member of the association in respect of apartment(s) meant for allotment or sale, but not yet allotted or sold. When such apartment(s) is later on allotted, sold or otherwise transferred, the allottee shall become a member of the association and the promoter shall cease to be an associate member of the association in respect of such apartment from the date of possession. (5) The responsibility for administration and management of the apartments and maintenance and upkeep of common areas, infrastructure and common services of the project shall devolve on the association from the date specified by the competent authority in the order passed under sub-section (13) of section 5 of the Punjab Apartment and Property Regulation Act, 1995 (Punjab Act No. 14 of 1995).]

Section 16 – The Punjab Apartment Ownership Act, 1995 | DailyLaw.ai