Deed of Apartment

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

October 23, 2015 02:44 pm | Updated 08:52 pm IST

I am the owner of an apartment complex near Hosur. The sale deed has been registered with the registrar.

We are in the process of executing and registering a Deed of Apartment. As per my understanding, once this deed is registered I get the legal title for the apartment and I will be able to sell it.

Please let me know whether any Deed of Conveyance in favour of the Apartment Owners’ Association (to transfer the land on which the apartment complex is built) needs to executed and registered.

Ranganathan Bhaskaran

Chennai

Once a Sale Deed for the apartment and the proportionate undivided share in land has been registered in your name, subject to the devolution of title being in order, you become the absolute owner of the property conveyed. Though the Tamil Nadu Apartment Ownership Act has come into force, certain provisions have not been implemented fully. Under Sec. 10 (2) of the Act, the Deed of Apartment has to be filed with the competent authority. The said authority has not been notified yet. Hence, at present, a Deed of Apartment cannot be filed under the said Act. There is no need to execute a Deed of Conveyance in favour of the Owners' Association.

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