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Is Deed of Declaration required to register society ?


25-Jul-2024 (In Civil Law)
we have registered through societies act of our apartment association. Do we still need to go for deed of declaration for property to make sure our apartment is fully ours? there are contrasting opinions on this. one lawyer says it is required but other say that not required. which is more legal? we have undivided share of land and common area.
Answers (2)

Answer #1
925 votes
Deed of Declaration is registered by the Builder, which consists of description of the land on which the building is constructed, and the total no. of apartments, including the common areas. A deed of declaration is a mandatory document, which the Builder will execute.
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Advocate Vijay Belavadi

Adv. Vijay Belavadi

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Answer #2
931 votes
The homeowner under the KAOA is the absolute owner with a clear title of the apartment and its proportional undivided share (UDS) . It is governed by the Transfer of Property Act,1882. It requires a Deed of Declaration that describes the property- byelaws, the number of units, lifts, generators, gymnasiums, pools, firefighting equipment and such common facilities. The Declaration is made perfectly traceable by giving it a registration number as well.
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Advocate Vedashree A

Adv. Vedashree A

LawRatoBangalore / Bengaluru | 700+ Answers
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