Deed of Declaration: Meaning, sample, details, use

Deed of Declaration (DoD) is a document in which a real estate developer provides detailed information of his housing project. Getting access to this document is important for homebuyers and investors to know all the specifications of a housing project. This helps take an informed call on investing in property.

Table of Contents

What is a deed of declaration?

A Deed of Declaration is a legal document in which a real estate developer provides every detail about his upcoming housing project, including the area, amenities, and facilities. This legal document is registered with the local authority and the builder is obliged to stick with every declaration made in the deed.

Details in deed of declaration

Name of the builder
Signature of the builder
Name of the housing project
Address of the project
Date of sanction of the project
Approving authority
Area of the housing project
Height of the building
Type of the building
Launch date
Completion date
Number of flats
Number of floors
Carpet area
Common area
Amenities
Facilities
Parking details
Basement details, etc.

Deed of declaration: Format

FORM A

(See Rule 3)

FORM OF DECLARATION

Date:

Place:

Promoter Details:

Name: ANTHEM INFRASTRUCTURE Pvt Ltd
Registered Address: 501, Sachdeva Tower, DDA Complex, Karkarduma, New Delhi-92
Local/Postal Address: 501, Sachdeva Tower, DDA Complex, Karkarduma, New Delhi-92
Date of Incorporation (if applicable): 20 AUGUST 2010
Name/designation of Authorized Signatory: BRIJESH KUMAR (DIRECTOR)

The declarant hereby solemnly states the following:

FIRST: The promoter owns/holds the land as lessee, which is fully described and detailed in Annexure ‘A’ to this declaration.

SECOND: The promoter has constructed on the parcel of land, described in Annexure ‘A’ to this declaration, an apartment building/group housing scheme, detailed below:

Sl. No.	Description	Particulars
(1)	(2)	(3)
1.	Name of the building /Group Housing Scheme	FRENCH APARTMENTS
2.	Sanctioning Authority of the Plan	Greater Noida Industrial Development Authority GNIDA
3.	Date of Sanction
4.	Municipal no. of the property	GH-7
5.	Municipal ward of the property	Sector –16B, Greater Noida
6.	Postal address of the property	FRENCH APARTMENTS, GH-7, Sector –16 B, Greater Noida
7.	Name of Architect/ Structural Engineer	Architect: M/s Deepak Mehta and Associates Structural Consultant: M/s KEEN DESIGNERS, NOIDA
8.	Height of the building	As per enclosure 1
9.	Scheme whether residential or commercial (other than multiplex or mall)	Residential (Group Housing)
10.	No. of floors	As per enclosure 1

THIRD: That the said property consists of the apartments detailed in Annexure ‘B’ to this declaration. The various apartments of the scheme are capable of individual utilization on account of having their own exit to common areas and facilities of the building/property scheme and the apartment will be sold to one or more persons, each person obtaining a particular and exclusive property rights thereto and each apartment constituting a heritable and transferable immovable property within the meaning of any law for the time being in force in the state (hereinafter referred to as the ‘Apartment’) and also an undivided interest in the general and/or ‘limited common areas and facilities’ of the building/property scheme, as listed in this Declaration Deed, necessary for their adequate use and enjoyment, and referred to as:

Common facilities for dwelling units of individual block
Limited common facilities for apartments, means those common areas and facilities which have been designated in writing by the promoter as reserved for the use of certain apartment or apartments to the exclusion of the other apartments.

FOURTH: That the aforesaid building has a total floor area of 1,44,295.371 square meter on all floors, of which 79,379.226 square meter will constitute the apartments and remaining 64,916.145 square meter will constitute the ‘common areas and facilities’ and 0 square meter constitute ‘limited common areas and facilities’, which have been detailed in Annexure ‘C’ hereto.

FIFTH: That this condominium shall be known as “FRENCH APARTMENTS” (insert the name of the building/scheme as given above) and that the apartments and ‘common areas and facilities’ (as defined in S. 3 (i) of the Act), the ‘limited common areas and facilities’ of the building/scheme (as defined in S. 3 (s) of the Act), and the ‘independent areas’ (as defined in

3 (p) of the Act), and shall be as follows:

Sl. No.	Item	Details
1.	“Common areas and facilities” [as defined in S. 3 (i) of the Act]	As per Annexure ‘D’
2.	“Limited common areas and facilities” [as defined in S. 3 (s) of the Act]	As per Annexure ‘E’
3.	“Independent areas” [as defined in S. 3(p) of the Act]	As per Annexure ‘F’

SIXTH: (a) that the right, title and interest of each apartment owner and his proportionate share in the profits and common expenses for the common areas and facilities, as well as the proportionate representation for voting purpose in the meeting of the Association of Apartment Owners of the FRENCH APARTMENTS Condominium is based on the proportionate value of each apartment to the total value of all apartments.

SEVENTH: That the Administration of FRENCH APARTMENTS Condominium consisting as aforesaid of the building and parcel of land described above shall be in accordance with the provisions of this deed and with the provisions of the bye-laws of the association of the apartment owners. The promoter shall be responsible for full quality control of materials and workmanship at site. The specifications of construction are detailed in ‘Schedule-A’ hereto.

EIGHTH: That for the purpose of stamp duty and registration fees payable on the deed of apartments under S. 13 of the Act, the value of the

land of each apartment would be computed on the basis of the percentage of the undivided share so that the aggregate of the land component of all of the apartments of the building is equivalent to the total value of the land of the building;
the construction of each apartment would be also computed on the basis of the percentage of the undivided share as it bears to the total covered area.

NINTH: That the ‘common areas and facilities’ as well as the ‘limited common areas and facilities’ shall remain undivided, and no apartment owner shall bring any action for their partition or division thereof.

TENTH: That the percentage of the undivided interest in the “common areas and facilities” as well as the “limited common areas and facilities” established herein shall not be changed except with the approval of competent authority expressed in amendment to this deed.

ELEVENTH: That the undivided interest in the ‘Limited common areas and facilities’ shall not be separated from the apartment to which they pertain and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.

TWELTH: That neither the dedication of the property to the plan of apartment ownership herein shall not be revoked, nor the property removed from plan of apartment ownership, or any of the provisions herein amended unless all the apartment owners and the mortgagees of all the mortgages covering the units unanimously agree to such revocation, or amendment or removal of the property from the plan by only registered instruments.

THIRTEENTH: That if the property, subject to the plan of apartment ownership is totally or substantially damaged or destroyed, the repair, reconstruction, or disposition of the property shall be as provided by the Act.

FOURTEENTH: That where an apartment is sold pursuant to the recovery of the mortgage money, then neither the mortgagee nor the purchaser who derives title to be apartment at such sale or his successors or assigns shall be liable for assessments by the association which became due prior to the acquisition of the title by such acquirer but the association of apartment owners would be entitled to recover the amount subsequent to the date of acquisition of title by such acquirer.

FIFTEENTH: That the ‘independent areas’, declared herein in the Annexure ‘F’ are not included as common areas for the joint use of the apartment and the promoter would be at liberty to sell them or to construct thereupon without interference of other apartment owners in view of the provisions of S. 3 (p) of the Act.

SIXTEENTH: The promoter shall maintain the common areas and facilities till the association is formed and shall be entitled to collect the maintenance charges @Rs 10/ sq ft per month from the owners of each apartment.

IN WITNESS WHEREOF, Shri Brijesh Kumar for on and behalf of M/s Anthem Infrastructure Pvt Ltd (the promoter) here to set his hand this day of July of year 2014

Signed and delivered by

(Seal of the Promoter)

In the presence of:

Annexure ‘A’

Details of the land of the building to which the present declaration relates

Sl. No.	Items
1.	Location of the land of the building	Revenue village
		Tehsil	Greater Noida (West)
		District	Gautam Budh Nagar
2.	Survey No. with area	No.	25, 305 sq m
3.	Date of last document of title under which the promoter claims the land	Date: 08Nov 2010	08 Nov 2010
4.	Details of registration of the above title document	Book No.	01
		Vol. No.	7527
		Page Nos.	151-202
		Sl. No.	23046
		Date of Regn.	08-11-2010
5.	Boundaries of the land	North	100.06
		South	100.06
		East	252.96
		West	252.96
6.	Land whether freehold or leasehold		Lease Hold
7.	If land is leasehold, the unexpired period of the lease		86 years

Place: Signature of declarant with Date: designation and seal

Annexure – ‘C’

Details of covered area of apartments and total covered area of common areas and facilities/limited common areas and facilities

Sl. No.	Particulars
(1)	(2)	(3)	(4)	(5)	(6)
(a)	Total covered area of apartments at various floors	79,379.226 sq m	X	X	X
(b- 1)	Total covered area of common areas and facilities (as defined in S. 3(i) of the Act)	X	64,916.145 sq m	X	X
(b- 2)	Total covered area of limited common areas & facilities (as defined in S. 3(s) of the Act)	X	X	0	X
(c)	Total covered area of the building [total of (a), (b-1) & (b-2)]	X	X	X	1,44,295.371 sq m
	Sum up

Place: Signature of declarant with Date: designation and seal

Annexure ‘D’

Details of the common area and facilities of the building to which the present declaration relates

Sl. No.	Name of the common areas and facilities			Its description /area
(a)	The parcel of land described in paragraph first of this deed			25, 305 sq. m.
(b)	Basement (if any) (as shown in exhibit ‘A’ attached here to)			41841.078 sq. m.
(c)	Facilities in the basement			Parking
(d)	Parking facilities (as shown in exhibit ‘A’ attached here to)			29,448 sq. m.
(e)	Facilities on the ground floor (as shown in exhibit ‘A’ attached here to)
	(i)	Garden lawns		9493.80 sq. m.
	(ii)	Children playing area		….. sq. m.
	(iii)	Swimming pool		….. sq. m.
	(iv)	Tennis court		….. sq. m.
	(v)	Badminton court		….. sq. m.
	(vi)	Commercial areas & facilities		….. sq. m.
	(vii)	Lobby & facilities		….. sq. m.
	(viii)	Any other facility		….. sq. m.
(f)	Common areas and facilities located throughout the building (as shown in exhibit ‘A’)
	(i)		Elevator	29 Nos.
	(ii)		Area of shaft(s)	As Per enclosure 1
	(iii)		Elevator shaft extends from ground floor up to	As per enclosure 1
	(iv)		No. of stairway ’A’, which lead from the ground floor to the roof of the building	As per enclosure 1
	(v)		No. of stairway ’B’ (if any), which lead from the open court to the upper floors.	As per enclosure1
	(vi)		A flue (if applicable), extending from the incinerator in the basement to the roof of the building, which has a hopper door in each one of the…. Upper floors for the disposal of garbage and rubbish, and will be fed from the janitor’s room of each of the ….. upper floors.	-NA-
	(vii)		No. of water tank(s)	13
	(viii)		Elevator pent-house with corresponding elevator equipment located on the roof of the building.	Shall be submitted at the time of completion
	(ix)		Plumbing network throughout the building	As per drawings

(x)	Electric wiring network throughout the building	As per drawings
(xi)	Necessary light(s)	As per drawings
(xii)	Telephone(s)	As per drawings
(xiii)	Public water connection(s)	1 Nos
(xiv)	Foundations and main walls, columns, girders, beams, and roofs of the Building	As per drawings
(xv)	Tank(s)	Shall be provided at the time of completion
(xvi)	Pump(s)	Shall be provided at the time of completion
(xvii)	Motor(s)	Shall be provided at the time of completion
(xviii)	Fans	Shall be provided at the time of completion
(xix)	Fire-fighting equipment(s)	As per drawings
(xx)	Compressor(s)	-NA-
(xxi)	Duct(s)	As per drawings
(xxii)	Central air conditioning equipment(s)	-NA-
(xxiii)	Heating equipment	-NA-
(xxiv)	General all apparatus and installation existing for common use	Shall be provided at the time of completion

Place: Signature of declarant with Date: designation and seal

Note: Section 3 (i) of the Act has defined the term “common areas and facilities” and the above common areas and facilities are illustrative and not exhaustive.

Annexure ‘E’

Details of the limited common area and facilities of the building to which the present declaration relates

“Limited common areas and facilities” (as defined in S. 3(c) of the Act and shown in exhibit ‘A’)
(i)	Parking	None
(ii)	Lobby, giving access to the elevator(s) to specified dwelling unit	None
(iii)	Corridor extending from the lobby to the stairway	None

Place: Signature of declarant with Date: designation and seal

Note: Section 3(s) of the Act has defined the term “limited common areas and facilities” means “those common areas and facilities which are designated in writing by the promoter before the allotment, sale or transfer of any apartment as reserved for the use of certain apartment or apartments to the exclusion of the other apartments.”

Annexure ‘F’

Details of the “independent areas” of the building to which the present declaration relates

“Independent areas” (as defined in S. 3(P) of the Act)
(i)	Parking	Parking provided in basement two level admeasuring 28, 260 sq m, and stilt parking admeasuring 900.0 sq m and open parking admeasuring 288.0 sq m
(ii)	Servant quarter	30 NOS
(iii)	Club with independent access	501.846 sq m
(iv)	Convenient shops	759.79 sq m
(v)	Covered garage/store	-NA-
(vi)	Terrace attached to an apartment (if applicable)	-NA-

Note: Section 3 (p) of the Act has defined the term “independent area” which means the areas which have been declared but not included as common areas for joint use of apartments and may be sold by the promoter without the interference of other apartment owners.

Place: Signature of declarant with Date: designation and seal

Schedule-A [Specifications of construction]

Foundation: RCC Raft Foundation

Flooring: Vitrified tiles for habitable zone, ceramic tiles for toilets, granite/tiles for lobby

Doors and Hardware: Flush doors or Eq

Windows: Aluminum

Internal Finish: Oil Bound Distemper

External Finish: Paint

Sanitary ware and fittings: Good quality chinaware & CP fittings

Electrical: Copper wiring ISI marked

Plumbing and water Line: PVC/CPVC as per requirement

Place: Signature of declarant with Date: designation and seal

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com

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Sunita Mishra

An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.

In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
sunita.mishra@proptiger.com