In the City of Pune on this ……………… day of …………… 2001

(1) Mr. Avinash Janardhan Marathe, Age about – 50, Occu.- Service
Represented by his duly constituted Attorney Mr. Janardhan Yeshwant
Marathe,
(2) Smt. Ranjana Suresh Marathe, Age about 44, Occu.-Service, For self and as
natural guardian of Minor Nos. (3) & (4),
(3) Master Rishabh Suresh Marathe, Age about 17, Occu.- Student,
(4) Master Ayush Suresh Marathe, Age – 14, Occu.- Student,

and

(5) Mr. Madhusudan Keshav Bhide, Age- 41, Occu. – Builder & Promoter
R/at:- 1438, Shukravar Peth, Pune – 411 030 For self and duly constituted
Atorney of Grantor Nos. (1) tp (4) hereinafter referred to as Grantor who is
fully empowered and qualified to execute this Deed does hereby state:

FIRST : That the Grantor No. (1) holds vide a Deed of Lease executed on
November 1, 1991 and registered in the Office of Sub Registrar Haveli IV at Sr.
No. Cha. 926 in Book No. 1 for the year 1991 as a Lessee of Mr. Janardhan
Yeshwant Marathe the following land and the Grantor No. (2) to (4) also hold
Lessee under a Deed of Lease executed by their ancestor Late Suresh J. Marathe
on November 1, 1991 and registered in the Office of Sub Registrar Haveli IV at Sr.
No. Chapter 925 in Book No. 1 for the year 1991 as a Lessee of Mr. Janardhan
Yeshwant Marathe the following land which are situated at Kothrud, Pune within
the limits of Pune Municipal; Corporation which are collectively described as
follows namely, Plot Nos. 75 &74 out of sanctioned Lay out of S. No. 98/1 to 7 of
Kothrud, Pune.

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SECOND : That the Grantor has constructed on the parcel of land described above
a building known as `SAKET APARTMENTS’, according to the plans attached
hereto as Exhibit A which were approved by the Collectorate, Pune vide Letter No.
PRH/NA/SR/135/97 on 11/03/1997 , and which are made a part thereof. The postal
address of the building is

THIRD : That the said building consists of a ground floor, stilt and three upper
floors and two Out Houses 2.The ground floor will be used for parking, or other
common purposes and the Out Houses will be used for any purpose approved by
the Local Authority 3. The Stilt and three upper floor consists of individual
apartments all for residential purposes. The Stilt and three upper floors are all
capable of individual utilization on account of having their own exit to a common
area and facility of the building, and the apartments will be sold to one or more
owners each apartment constituting a heritable and transferable, immovable
property right 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 “family unit”), and also an undivided interest in
the general and /or restricted common areas and facilities of the building, as listed
hereinafter in this Deed, necessary for their adequate use and enjoyment and
hereinafter referred to as a “general and / or restricted common areas and facilities”,
all of the above in accordance with the Maharashtra Apartment Ownership Act,
1970.

FOURTH : That the aforesaid building has a total building area of _______
Square mtrs of which 1178.56 square mtrs will constitute family units, and
_________ square mtrs will constitute general and /or restricted common areas
and facilities.

FIFTH : That this condominium shall be known an “ The Saket Apartments

Condominium” and that the family units and common areas and facilities of the
building will be as follows:-

2
1). Family Unit – Upper Floors .— There are 14 family units.On Stilt & First
floor each there as three family units, On Second floor there are four family units
and on Third floor there are two family units and in the Out House there are two
family units. The said family units will be numbered consecutively from one to
four on each floor. These numbers will be preceded by the tenth which
corresponds to each floor to with : those of the first floor will bear the
numbers”101”, “102” etc, those of the second floor will bear the number “201”
“202”, etc and those of the higher floors will be numbered similarly according to
the corresponding tenth of each floor. Hereinafter such family units will be referred
to as Family Unit Type Number one, Family Unit Type Number Two,
etc .respectively. Each family unit is equipped with normal electrical wiring and
sanitary fittings.

The Family units are described herein below. The measures of a family units
include all the outside walls and one-half of the block partitions but exclude
bearing walls.

(a)Family Unit Number One. – It is a rectangular shaped apartment measuring

192.12 Sq. mtrs with separately constructed garage on the ground floor measuring
11.61 Sq. Mts. Thus totally admeasuring 203. 73 Sq. mtrs as specifically shown in
Exhibit A of this Deed. Its boundaries are as follows:-
On or towards East - By External wall of the building,
On or towards South - By Flat No. 2 & 3 and stair case,
On or towards West - By External wall of the building,
On or towards North - By External wall of the building..
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 30.98 Square mtrs, a
living room of square mtrs, a dinner room of 12.54 square mtrs, a kitchen of
14.86 Square mtrs, which includes the sinks and kitchen platform, three Bedrooms
of 12.54 square mtrs each, one bed room of 12.26 Square Meters, , one bed room
of 11.14 Square mtrs, On bed room of 13.28 Sq. mtrs two bathrooms of 2.6 Sq.

3
mtrs each, two W.C. of 1.11 Sq. Meters each, two attached toilets of 3.25 Sq. Mts.
Each. Passage in the Unit admeasuring 12.54 Square mtrs.
This Apartment has a separately constructed garage admeasuring 11.61 Sq.
mtrs On the ground floor of the building as shown by red Letter `A’ in the floor
plan annexed.

(b) Family Unit Number Two. – It is a rectangular shaped apartment measuring

102.19 Sq. mtrs as specifically shown in Exhibit A of this Deed. Its boundaries are
as follows:-
On or towards East - By Flat No. 3 in the building,
On or towards South - By External wall,
On or towards West - By External wall of the building,
On or towards North - By Flat No. 1 & Stair case.
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 14.95 Sq. mtrs a
kitchen of 14.86 Sq mtrs, which includes the sinks and kitchen platform, two
Bedrooms of 13.47 square metres each, one bed room of 11.7 Sq. mtrs, one
bathroom of 2.6 Sq. Meters, one W.C. of 1.11 Sq. Meters, One attached toilets of
3.25 Sq. Mts. Internal Passage in the Unit admeasuring 4.67 Square Metres.

(c)Family Unit Number Three. – It is a rectangular shaped apartment measuring

102.19 Sq. Metres as specifically shown in Exhibit A of this Deed. Its boundaries
are as follows:-
On or towards East - By External wall of the building,
On or towards South - By External wall of the building,
On or towards West - By Flat No. 2 in the building,
On or towards North - By Flat No. 1 & Stair case.
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 14.95 Square metres, a
kitchen of 14.86 Square metres, which includes the sinks and kitchen platform,
two Bedrooms of 13.47 square metres each, one bed room of 11.7 Square Meters,
one bathroom of 2.6 Sq. Meters, one W.C. of 1.11 Sq. Meters, One attached

4
toilets of 3.25 Sq. Mts. Internal Passage in the Unit admeasuring 4.67 Square
Metres.

(d)Family Unit Number Four – It is a rectangular shaped apartment measuring

192.12 Sq. Metres with separately constructed garage on the ground floor
measuring 11.61 Sq. Mts. Thus totally admeasuring 203. 73 Sq. Mts. as specifically
shown in Exhibit A of this Deed. Its boundaries are as follows:-
On or towards East - By External wall of the building,
On or towards South - By Flat No. 5 & 6 and stair case,
On or towards West - By External wall of the building,
On or towards North - By External wall of the building..
Its main door has access to the corridor of the respective floor.
The family unit consists of the following rooms : a hall of 30.98 Square metres, a
living room of square metres, a dinner room of 12.54 square metres, a kitchen of
14.86 Square metres, which includes the sinks and kitchen platform, three
Bedrooms of 12.54 square metres each, one bed room of 12.26 Square Meters, ,
one bed room of 11.14 Square Meters, On bed room of 13.28 Sq. Mts. two
bathrooms of 2.6 Sq. Meters each, two W.C. of 1.11 Sq. Meters each, two attached
toilets of 3.25 Sq. Mts. Each. Passage in the Unit admeasuring 12.54 Square
Metres.
This Apartment has a separately constructed garage admeasuring 11.61 Sq.
Mts. On the ground floor of the building as shown by red Letter `A’ in the floor
plan annexed.

(e) Family Unit Number Five – It is a rectangular shaped apartment measuring

85.93 Sq. mtrs as specifically shown in Exhibit A of this Deed. Its boundaries are
as follows:-
On or towards East - By Flat No. 6 in the building,
On or towards South - By External wall,
On or towards West - By External wall of the building,
On or towards North - By Flat No. 4 & Stair case.
Its main door has access to the corridor of the respective floor.

5
The family units consists of the following rooms : a hall of 14.95 Square metres, a
kitchen of 14.86 Square metres, which includes the sinks and kitchen platform, one
Bedrooms of 13.47 square metres, one bed room of 11.7 Square Meters, one
bathroom of 2.6 Sq. Meters, one W.C. of 1.11 Sq. Meters, One attached toilets of
3.25 Sq. Mts. Internal Passage in the Unit admeasuring 4.67 Square Metres.
Terrace adjoining the flat admeasuring 16.00 Sq. Meters.

(f)Family Unit Number Six. – It is a rectangular shaped apartment measuring

85.93 Sq. Metres as specifically shown in Exhibit A of this Deed. Its boundaries are
as follows:-
On or towards East - By External wall of the building,
On or towards South - By External wall of the building,
On or towards West - By Flat No. 5 in the building,
On or towards North - By Flat No. 4 & Stair case.
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 14.95 Square metres, a
kitchen of 14.86 Square metres, which includes the sinks and kitchen platform, one
Bedrooms of 13.47 square metres, one bed room of 11.7 Square Meters, one
bathroom of 2.6 Sq. Meters, one W.C. of 1.11 Sq. Meters, One attached toilets of
3.25 Sq. Mts. Internal Passage in the Unit admeasuring 4.67 Square Metres.
Terrace adjoining the flat admeasuring 16.00 Sq. Meters.

g)Family Unit Number Seven. – It is a rectangular shaped apartment measuring

85.93 Sq. Metres as specifically shown in Exhibit A of this Deed. Its boundaries are
as follows:-
On or towards East - By Flat No. 8 in the building,
On or towards South - By Flat No. 9 & Stair case,
On or towards West - By External wall of the building,
On or towards North - By External wall of the building.
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 15.49 Square metres, a
kitchen of 14.86 Square metres, which includes the sinks and kitchen platform, one

6
Bedrooms of 12.54 square metres, one bed room of 12.26 Square Meters, one
bathroom of 2.6 Sq. Meters, one W.C. of 1.11 Sq. Meters, One attached toilets of
3.25 Sq. Mts. Internal Passage in the Unit admeasuring 4.67 Square Metres.
Attached terrace adjoining the flat admeasuring 16.00 Sq. Meters.

(h)Family Unit Number Eight. – It is a rectangular shaped apartment measuring

85.93 Sq. Metres as specifically shown in Exhibit A of this Deed. Its boundaries are
as follows:-
On or towards East - By External wall of the building,
On or towards South - By Flat No. 10 & Stair case of the building,
On or towards West - By Flat No. 7 in the building,
On or towards North - By External wall of the building.
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 15.49 Square metres, a
kitchen of 14.86 Square metres, which includes the sinks and kitchen platform, one
Bedrooms of 12.54 square metres, one bed room of 12.26 Square Meters, one
bathroom of 2.6 Sq. Meters, one W.C. of 1.11 Sq. Meters, One attached toilets of
3.25 Sq. Mts. Internal Passage in the Unit admeasuring 4.67 Square Metres.
Terrace adjoining the Flat admeasuring 16.00 Sq. Meters.

i)Family Unit Number Nine. – It is a rectangular shaped apartment measuring

58.06 Sq. Mt. as specifically shown in Exhibit A of this Deed. Its boundaries are as
follows:-
On or towards East - By Flat No. 10,
On or towards South - By External wall of the building,
On or towards West - By External wall of the building,
On or towards North - By Flat No. 7 and stair case.
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 14.95 Square meters, a
kitchen of 14.86 Square meters, which includes the sinks and kitchen platform, one
Bedroom of 11.70 square meters, one bathroom of 2.6 Sq. Meters, one W.C. of

7
1.11 Sq. Meters, Internal Passage in the Unit admeasuring 3.25 Square Meters.
Terrace adjoining the Flat admeasuring 23.22 Sq. Meters.

j)Family Unit Number Ten. – It is a rectangular shaped apartment measuring 58.06

Sq. Meters as specifically shown in Exhibit A of this Deed. Its boundaries are as
follows:-
On or towards East - By External wall of he building,
On or towards South - By External wall of the building,
On or towards West - By Flat No. 9 in the building,
On or towards North - By Flat No. 8 and stair case.
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 14..95 Square meters, a
kitchen of 14.86 Square meters, which includes the sinks and kitchen platform, one
Bedrooms of 11.70 square meters, one bathroom of 2.6 Sq. Meters, one W.C. of
1.11 Sq. Meters, internal Passage in the Unit admeasuring 3.25 Square Meters.
Terrace adjoining the Flat admeasuring 23.22 Sq. Meters.

k)Family Unit Number Eleven – It is a rectangular shaped apartment measuring

53.42 Sq. Mt. as specifically shown in Exhibit A of this Deed. Its boundaries are as
follows:-
On or towards East - By Flat No. 12,
On or towards South - By Staircase,
On or towards West - By External wall of the building,
On or towards North - By External wall.
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 14.95 Square meters, a
kitchen of 14.86 Square meters, which includes the sinks and kitchen platform, one
Bedroom of 12.54 square meters, one bathroom of 2.6 Sq. Meters, one W.C. of
1.11 Sq. Meters, Internal Passage in the Unit admeasuring 3.25 Square Meters.
Attaches terraces numbering two admeasuring 3.72 Sq. Meters and 16.16 Sq. mtr.

8
l) Family Unit Number Twelve. – It is a rectangular shaped apartment measuring
53.42 Sq. Meters as specifically shown in Exhibit A of this Deed. Its boundaries are
as follows:-
On or towards East - By External wall of he building,
On or towards South - By stair case,
On or towards West - By Flat No. 11 in the building,
On or towards North - By External wall of the building.
Its main door has access to the corridor of the respective floor.
The family units consists of the following rooms : a hall of 14..95 Square meters, a
kitchen of 14.86 Square meters, which includes the sinks and kitchen platform, one
Bedroom of 12.54 square meters, one bathroom of 2.6 Sq. Meters, one W.C. of
1.11 Sq. Meters, internal Passage in the Unit admeasuring 3.25 Square Meters. Two
terraces adjoining admeasuring 3,72 and 16.16 Sq. Meters.

2. Common areas and facilities.—

(a)The parcel of land described in paragraph First of this Deed.

(b) Common Parking as shown and demarcated in the plan attached as per exhibit
A, and consisting of …………. Square meters.
(c) The out house on the ground floor as shown in Exhibit A attached admeasuring
23.22 Sq. Mtr. and a separate toilet bath block of 2.60 Sq. mtrs as shown in the
Plan attached as Exh. A.
(d) Bore well with a jet pump with cover.
(e) Ground level water tank with a electric pump and over head water tank.
(f) Stair case and passages as shown in each floor plans as shown in Exh A.
(g) Terraces above Flat No. 9 and 10 and the terraces above Flat No. 11 and 12.
(h) Septic tank with soak pit on the ground floor at the northeast corner of the said
premises and the internal drainage line connected to the same.
(i) The single phase common meter and electricity installations used for the
common utility, meter box housing the meters of the individual unit
purchasers.

9
(j) The Compound wall made of rubble masonry and brick work on all four sides
and a MS Gate on the North.
(k) Side margins an all four sides of the buildings. Plumbing and drainage
network thorough out the building. electrification network throughout the
building including the common antenna affixed on the terrace.
(l) The foundation and main walls, external walls, columns, beams, roof of he
building , duct of the stair case open to sky. Describe air conditioning units,
fans, geysers, if any and other equipment which is attached to or a part of the
family unit.

(3) A lobby and facilities as shown in Exhibit A attached hereto, consisting of

…………………………………. Square metres and described as follows.

(g) The following facilities located throughout the building and as shown in
Exhibit A, attached hereto:-

(i) A stairway referred to in this Deed as Stairway of ………… square metres

which leads from the ground floor to the terrace of the building.

(ii) Water tank located on the stair case cap of the building.

(iii) Plumbing network throughout the building.

(iv) Electric wiring network throughout the building
(v)Necessary light, telephone and public water connections.
(vi)The foundations and main walls, columns, girders, beams, and roofs of the
building as described in the plans which form part of this Deed as Exhibit A hereof
(vii) Tanks, pumps, motors, fans, fire-fighting equipment, ducts, and in general all
apparatus and installation existing for common use.

10
(h)The following facilities located in each one of the four upper floors and as
shown in Exhibit A, attached hereto, are restricted common areas and facilities
restricted to the family units of each respective floor:-
A lobby which gives access of the staircase.

SIXTH: (a) That the right,title and interest of each owner of a family unit in the
general common area and facilities listed under letter (a)to (g)of sub-paragraph 2 of
paragraph Fifth and their proportionate share in the profits and common expenses
in the said general common areas and facilities, as well as the proportionate
representation for voting purposes in the meeting of the Association of Apartment
owners of the Saket Apartment Condominium is based on the proportionate area of
each family unit to the total area of all family units as follows:-

Flat No. Area. Percentage.

1 203.73 Sq. Mts. 17.29%

2 102.19 Sq. Mts. 8.67%
3 102.19 Sq. Mts. 8.67%
4 203.73 Sq. Mts. 17.29%
5 85.93 Sq. Mts. 7.29%
6 85.93 Sq. Mts. 7.29%
7 85.93 Sq. Mts. 7.29%
8 85.93 Sq. Mts. 7.29%
9 58.06 Sq. Mts. 4.93%
10 58.06 Sq. Mts. 4.93%
11 53.42 Sq. Mts. 4.53%
12 53.42 Sq. Mts. 4.53%

Total…………100%

b) That the right, title and interest of each owner of a family unit located on each
of the four upper floors in the restricted common areas and facilities located in the

11
respective floor and listed under letter (h) of said sub-paragraph 2 of paragraph
Fifth, and their proportionate share in the profits. And common expenses in the said
restricted common areas and facilities, as well as the proportionate representation
of voting purposes with respect to the said restricted common areas and facilities in
the meeting of the Association of Apartment Owners of the Saket Apartment.
Condominium is based on the proportionate area of each family unit to the total
area of all family units located on its respective floors, as follows:
c) The proportionate representation for voting purposes provided in (a) and (b)
hereof may be limited in accordance with the provisions of the bye-laws attached
hereto as Exhibit B
d) Apartment /apartments and the percentage of undivided interest in the common
areas and facilities appertaining to the apartment /each apartment, are not
encumbered in any manner whatsoever on the date of this Declaration.

SEVENTH: That the Administration of Saket Apartments Condominium consisting

as aforesaid of the building and parcel of land described in Paragraphs First and
fifth of this Deed shall be in accordance with the provisions of this Deed and with
the provisions of the bye-laws which are made a part of this Deed and are attached
hereto as Exhibit B.

EIGHTH: That as appears above a plan of apartment ownership is hereby

constituted under and subject to the provisions of the Maharashtra Apartment
Ownership Act, 1970 so that the family units of the four upper floors may be
conveyed and registered as individual properties capable of independent use. On
account of each having its own exit to a common area and facility of the building,
each family unit owner having an exclusive and particular right, title and interest
over his respective family unit and in addition the specified undivided interest in
the common areas and facilities and /or restricted common areas and facilities.

NINTH: That for the purposes of stamp duty and registration fees to be imposed on
the registration of this Deed in the Register of Declaration and Deeds of Apartment

12
under section 13(5) the value of the Saket Apartment Condominium is distributed
as follows:-
(a) Parcel of land described in paragraph first hereof is valued at @ Rs. 2,108 /-per
Sq. mtrs totaling to Rs. 21,08,000/-.

(b) The building described in Paragraph Second and Third hereof is valued at
…………………………… Rs. 68,00,000/-

TENTH; That so long as the Grantor owns one or more of the family units, the
Grantor shall be subject to the provisions of this Deed and of the Exhibits A and B
attached hereto and the Grantor covenants to take no action which will adversely
affect the rights of the Association of Apartment Owners with respect to assurances
against latent defects in the building or other rights assigned to the Association by
reason of the establishment of the Saket Apartments Condominium.

ELEVENTH: That the general and /or restricted common areas and facilities shall
remain undivided and no owner shall bring any action for partition or division
thereof.

TWELFTH : That the percentage of the undivided interest in the general and / or
restricted common areas and facilities established herein shall not be changed
except with the unanimous consent of all the apartment owners expressed in
amendment to this Deed duly registered.

THIRTEENTH : That the undivided interest in the general and /or restricted
common areas and facilities shall not be separated from the family unit to which it
appertains 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.

FOURTEENTH : That each apartment owner shall comply with the provisions of
this Deed, the Bye-laws, decisions and resolutions of the Association of Apartment

13
Owners or its representative, and failure to comply with any such provisions,
decisions or resolutions, shall be grounds for an action to recover sums due, for
damages, or for injunctive relief.

FIFTEENTH : That the dedication of the property to the plan of Apartment

Ownership herein shall not be revoked, or the property removed from the plan of
Apartment Ownership, or any of the provisions herein amended unless all of 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 duly registered instruments.

SIXTEENTH : That no apartment owner of the family unit may exempt himself
from liability for his contribution towards the common expenses by waiver of the
use or enjoyment of any of the general and / or restricted common areas and
facilities or by the abandonment of his family unit.

SEVENTEENTH: All sums assessed by the Association but unpaid for the share of
the common expenses chargeable to any family unit shall constitute a charge on
such family unit prior to all other charges except only(1) charged, if any, on the
family unit for payment of Government or municipal taxes or both, and(2) all sums
unpaid on a first mortgage of the apartment.

EIGHTEENTH : That all present or future owners, tenants, future tenants or any
other person that might use the facilities of the building in any manner, are subject
to the provisions of this Deed and that the mere acquisition or rental of any of the
family units of the building or the mere act of occupancy of any of the said units
shall signify that the provisions of this Deed are accepted and ratified. The
respective family unit shall not be rented or given on leave and license or care-taker
basis by the apartment-owners thereof for transient or hotel purposes, which shall
be defined as (a)rental compensation or compensation for any period less than
thirty days or (b) any rental or if the occupants of the family unit are provided
customary hotel or boarding or lodging or paying guest services other than the

14
foregoing obligations, the apartment –owners of the respective family units shall
have the absolute right to lease such unit or give it on leave and license or care-
taker basis provided that said lease or leave and license or care-taker basis is made
subject to the covenants and restrictions contained in this Declaration and further
subject to the Bye-laws in Exhibit B attached hereto.

NINETEENTH: That if the property, subject to the plan of Apartment Ownership is

totally or substantially damaged or destroyed the repair, reconstruction, or
disposition or the property shall be as provided by the Maharashtra Apartment
Ownership Act, 1970.

TWENTIETH : That , where a family unit is sold by a mortgagee in exercise of his

powers of sale under an English mortgage or by a court in execution of a decree in
a suit brought by a mortgagee against the owner of such family unit, then neither
the mortgagee nor the purchaser who derives title to the family unit at such sale, or
his successor or assigns shall be liable, for assessments by the association which
became due prior to the acquisition of title by a such acquirer, it being understood ,
however , that the above shall not be constructed to prevent the Association of
Apartment Owners from filing and claiming charge for such assessments and
enforcing same as provided by law, and that such charge shall be subordinate to
such mortgage.

TWENTY –FIRST : That in voluntary conveyance of a family unit the grantee of

the unit shall be jointly and severally liable with the grantor for all unpaid
assessment by the Association of Apartment Owners, against the letter for his share
of the common expenses up to the time of the grant or conveyance without
prejudice to the grantee’s right to recover from the grantor the amounts paid by the
grantee therefor. However, any such grantee shall be entitled to a statement from
the Manager or Board of Managers of the Association, as the case may be, setting
forth amount of the unpaid assessment against the Grantor due to the Association
and such grantee shall not be liable for nor shall the family unit conveyed be

15
subject to a charge for, any unpaid assessments made by the Association of
Apartment Owners against the grantor in excess of the amount therein, set forth.

TWENTY-SECOND: That the Manager or Board of Managers of the Association

shall obtain and continue in effect blanket property insurance in form and amounts
satisfactory to mortgages holding first mortgages covering family units but without
prejudicial to the right of the owner of a family unit to obtain individual family unit
insurance.

TWENTY-THIRDS- that, insurance premium for any blanket insurance coverage

shall be a common expense to be paid by monthly assessment levied by the
Association of Apartment Owners: and that such payment shall be held in a
separate account of the Association and used solely for the payment of the blanket
property insurance premiums as such premiums become due.

IN WITNESS WHEREOF SHRI …………………………….. has hereto set his

hand this ……………… day of ………………….. 2001.

Signed and Delivered By

Shri ……………………………….

In the presence of

1………………………….

and

2………………………….

16
EXHIBIT A
(plans)

EXHIBIT B
(see Clause 18)

BYE –LAWS OF SAKET APARTMENT CONDOMINIUM

CHAPTER I

Short title and Application .-

1. These bye-laws may be called the Bye-laws of the Saket Apartment

Condominium.
2. The provisions of these bye-laws apply to the Saket Apartment
Condominium.
All present or future owners, tenants, future tenants, or their employees, or any
other person that might use the facilities of the building in any manner, are subject
to the regulations set-forth in these bye-laws.
The mere acquisition or rental or taking or license of any of the family
units(hereinafter referred to as “units”) of the building or mere act of occupancy of
any of the said units will signify that these bye-laws are accepted, ratified, and will
be complied with.
1 Definitions – (1) In these bye-laws , unless the context requires otherwise-
(a)”Act” means the Maharashtra Apartment Ownership Act, 1970;
(b)“Association” means the Association of all the Apartment Owners constituted by
such owners for the purpose of the …………………………………………..
Condominium;
(c) “Board” means a Board of Managers consisting of five persons, all of whom
shall be owners of apartment in the Saket Apartment Condominium;
(d) “Building” means the building located at ……………….. and known as the
Saket Apartment Condominium and includes the land forming part thereof;

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(e) “Declaration” means the Declaration which the sole owner of the building or all
the owners of the building have executed and registered as provided in section
2;
(f) “Majority of owners” means those owners holding 51 per cent of the votes in
accordance with the percentage s assigned in the Declaration;
(g) “Owner” or “apartment owner” means the person owning an apartment in the
Saket Apartment Condominium;
(h) “Section” means a section of the Act;
(i) “Unit” means a family unit in the Saket Apartment Condominium;
(j) “Registrar” means the Registrar of Co-operative Societies.
(1) Words and expressions used in these bye-laws but not defined therein shall
have the meaning respectively assigned to them in the Act.

3. Apartment Ownership – The building located at ……………….. street,

city/town/ village of ………………. In the ………….. District………………
known as Saket Apartment Condominium is submitted to the provisions of the Act.

4. Objects of Association:

(1) The objects of the Association shall be -

(a) to be and to act as the Association of Apartment Owners of the building called
Saket Apartment at Pune (herein called “the said building” ) who have filed
their respective Declarations submitting their apartments to the provisions of
the Act;
(b) To invest or deposit moneys;
(c) To provide for the maintenance, repair and replacement of the common areas
and facilities by contributions from the apartment owners, and if necessary by
raising loans for that purpose;
(d) To retain and rent o license if possible, suitable portions of the common areas to
outsiders for commercial purposes, and to distribute the common profits left
after deducting the common expenses amongst the apartment owners as
common profits or accumulate the same for building up a reserve fund;

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(e) To provide for and do all any of the matters provided in subsection (2) of
section 16;
(f) To advance with the consent of the apartment owners, any short-terms loans to
any apartment owners in case of any emergent necessity, and to provide for the
repayment thereof in lump sum or in installments;
(g) To establish and carry on , on its own account or jointly with individuals or
institutions ,educational, physical, social and recreational activities for the
benefit of the apartment owners;
(h) To frame rules with the approval of the general meeting of the Association and
after consulting the competent authority and may establish a provident fund and
gratuity fund, if necessary, for the benefit of the employees of the Association;
(i) To do all things necessary or and otherwise provide for their welfare expedient
for the attainment of the objects specified in these bye-laws.

(2) Upon any apartment owner selling his apartment or absolutely conveying the
same by way of gift under his will or otherwise, the purchaser or donee shall
automatically become a member of the Association, and shall be admitted as
member on payment of the entrance fee of on rupee. The shares held by an
apartment owner shall be transferred to the name of such purchaser or donee on
payment of one rupee to the Association.

(3) On the death of an apartment owner, his apartment shall be transferred to the
person or persons to whom he bequeaths the same by his will, or to the legal
representatives of his estate, in case he has not made any specific bequest of the
apartment. The name of the legatee or the names of the legal representatives jointly
shall be entered in the register of apartment owners maintained by the Secretary for
the purposes of administration of the Saket Apartment Condominium as apartment
owner or joint apartment owners. Where any legatee is minor, the apartment owner
shall be entitled to appoint a guardian of such minor.

5. Joint Apartment Owners - Where an apartment has been purchased by two or

more persons jointly, they shall be jointly entitled to the apartment and the shares

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of the Association shall be issued in their joint names, but the person whose name
stands first in the share certificate shall alone have the right to vote.

6. Holding of one share compulsory – Every apartment owner must hold at least
one share of the Association (joint apartment owners holding the share jointly.)

7. Disqualifications – No apartment owner shall be entitled to vote on the

election of members of the Board or the President, Secretary, Treasurer or any
other office bearer or be entitled to stand for election to such office if he is in
arrears if any sum due from him in respect of his contributions for common
expenses, for more than sixty days on the last day of the year preceding the year in
which the elections to the Board would take place.

CHAPTER II
Voting, Quorum and Proxies

8. Voting – Voting shall be on a percentage basis, and the percentage of the vote to
which the owner is entitled is the percentage assigned to the family unit or units in
the Declaration.

9. Quorum.- Except as otherwise provided in these bye-laws, the presence in

person of a majority of owners shall constitute a quorum.

10. Votes to be cast in person – Votes shall be cast in person.

CHAPTER III
Administration

11. Powers and duties of Association – The Association will have the
responsibility of administering the Saket Apartment Condominium, approving the
annual budget, establishing and collecting monthly assessments and arranging for
the management of the Condominium in an efficient manner. Except as otherwise
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provided, resolutions of the Association shall require approval by a majority of
owners, casting votes in persons.

12. Place of Meetings – Meetings of the Association shall be held at suitable place
convenient to the owners as may from time to time be designed by the Association.

13. Annual meetings- The first annual meetings of the Association shall be held
on …………………… (date) .Thereafter, the annual meetings of the Association
shall be held on the ……………………… (1st, 2nd,3rd,4th)……………. (Monday,
Tuesday, Wednesday, etc ) of …………………( month) each succeeding year. At
such meetings there shall be elected by ballot of the apartment owners a Board in
accordance with the requirements of bye-law 23. The owners may also transact
such other business of the Association as may properly come before them.

14. Special Meetings- It shall be the duty of the President to call a special meeting
of the apartment owners as directed by a resolution of the Board or upon a petition
signed by a majority of the owners and having been presented to the Secretary. Or
at the request of the Housing Commissioner, or as the case may be, the Registrar or
any officer duly authorized by him in this behalf. The notice of any special meeting
shall state the time and place of such meeting and the purpose thereof. No other
business shall be transacted at a special meeting except as stated in the notice
without the consent of four-fifths of the owners present in person.

15. Notice of Meetings- It shall be the duly of the Secretary to mail or send a
notice of each annual or special meeting,stating the purpose thereof as well as the
time and place where it is to beheld, to each apartment owner. At least 2 but not
more than 7days prior to such meeting.The mailing or sending of a notice in the
manner provided in this bye-law shall be considered notice served. Notices of all
meetings shall be mailed or sent to the Housing Commissioner, or as the case may
be, the Registrar.

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16. Adjourned meetings.- If any meeting of owners cannot be organised because
a quorum has not attached the owners who are present, may adjourn the meeting to
a time not less than fourty-eight hours from the time the original meeting was
called. If at such adjourned meeting also, no quorum is present the owners present
in person being not less than two shall form a quorum.

17. Order of business .- The order of business at all meetings of the owners of
units shall be as follows:--
(a)Roll call
(b)Proof of notice of meeting or waiver of notice.
©Reading of minutes of preceding meeting.
(d)Reports of officers.
(e)Report of the Housing Commissioner, or the Registrar or of the Officer duly
authorized by them, if present.
(f) Report of Committees.
(g) Election of Board.
(h) Unfinished business, if any.
(j) New business.

CHAPTER IV

Board of Managers

18. Management of Association – The affairs of the Association shall be

governed by a Board.

19. Powers and duties of Board – The Board shal have the powers and duties
necessary for the administration of the affairs of the Association, and may do all
such acts and things as are not law or by these bye-laws directed to be exercised
and done by the owners.

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20. Other duties- In addition to duties imposed by these bye-laws or by resolutions
of the Association the Board shall be responsible for the following that is to say:-
(a) care, upkeep and surveillance of the …………………… Condominium and the
common areas and facilities and the restricted common areas and facilities;
(b) Collection of monthly assessment from the owners;
(c) designation, employment, remuneration and dismissal of the personnel
necessary for the maintenance and operation of the …………….
Condominium, the common areas and facilities and the restricted common
areas and facilities.
(d) To provide for the manner in which the audit and accounts of the Association
shall be carried out;
(e) To inspect the accounts kept by the Secretary and/or the Treasurer, and examine
the registers and account books and to take steps for the recovery of all sums
due to the Association;
(f) To sanction working expenses, count cash balance and deal with other
miscellaneous business;
(g) To see that cash book is written up promptly and is signed daily by one of the
members of the Board authorized in this behalf;
(h) To hear and deal with complaints.

21. Manager – The board may employ for the Association a manager at a
compensation determined by the Board to perform such duties and services as the
Board shall authorize including but not limited to the duties listed in bye-law 21.

22. Election and term of office – At the first annual meeting of the Association,
the term of office of two managers shall be fixed for three years. The term of office
of two managers shall be fixed at two years, and the term of office of one manager
shall be fixed at one year, At the expiration of the initial term of office of each
respective Manager, his successor shall be elected to serve a term of three years.
The Managers shall hold office until their successors have been elected and hold
their first meeting. (if a larger Board is contemplated, the terms of office should be
established in a similar manner so that they will expire in different years.)

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23. Vacancies.- Vacancies in the Board caused by any reason other than the
removal of a Manager by a vote of the Association shall be filled by vote of the
majority of the remaining Managers, even though they may constitute less than a
quorum; and each person so elected shall be a Manager until a successor is elected
at the next annual meeting of the Association.

24. Removal of Managers- At any regular or special meeting duly called any one
or more of the Managers may be removed with or without cause by a majority of
the apartment owners and a successor may then and there be elected to fill the
vacancy thus created. Any Manager whose removal has been proposed by the
owners shall be given an opportunity to be heard at the meeting.

25. Organisation meeting.- The first meeting of a newly elected Board shall be
held, within ten days of election at such place as shall be fixed by the Managers at
the meeting at which such Managers were elected and no notice shall be necessary
to the newly elected Managers in order legally to constitutes meeting. Provided a
majority of the whole Board shall be present.

26. Regular meetings.- Regular meetings of the Board may be held at such time
and place as shall be determined, from time to time, by a majority of Managers, but
at least two such meetings shall be held during each year. Notice of regular
meetings of the Board shall be given to each Manager, personally or by mail, or
telegraph, at least three days prior to the day named for such meetings.

27. Special meetings.- Special meetings of the Board may be called by the
President on three days ‘ notice to each Manager, given personally or by mail, or
telegraph,which notice shall state the time,place (as hereinabove provided) and
purpose of the meeting. Special meetings of the Board shall be called by the
President or Secretary in like manner and on like notice on the written request of at
least three Managers.

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28. Waiver of Notice.- Before or at any meeting of the Board any Manager, may,
in writing waive notice of such meeting, and such waiver shall be deemed
equivalent to the giving of such notice. Attendance by a Manager at any meeting of
the Board shal be a waiver of notice by him of the time and place thereof. Of all the
Managers are present at any meeting of the Board. Not notice shall be required and
any business may be transacted at such meeting.

29. Quorum- At all meetings of the Board, on third of the total strength of the
Managers shall constitute a quorum for the transaction of business. And the acts of
the Managers present at a meeting at which a quorum is present shall be the acts of
the board. If. At any meeting of the Board, there be less than a quorum present, the
majority of those present may adjourn the meeting from time to time. At any such
adjourned meeting, any business which might have been transacted at the meeting
as originally called may be tranacted further notice, provided there is a quorum
present.

30. Fidelity Bonds – The Board may require that all officers and employees of the
Association handling or responsible for Association funds shall furnish adequate
fidelity bonds. The premiums on such bonds shall be paid by the Association.

CHAPTER V
Officers
31. Designation:- The principal officers of the Association shall be a president, a
Vice-president, a Secretary and a Treasurer, all of whom shall be elected by and
from the Board. The Board may appoint an Assistant Treasurer, and an Assistant
Secretary, and such other officers as in their judgement may be necessary.
32. Election of Officers.—The Officers of the Association shall be elected
annually by the Board at the Organization meeting of each new board and shall
hold offices at the pleasure of the Board.

33. Removal of Officers.—Upon an affirmative vote of a majority of the member

of the Board any officer may be removed, either with or without cause, and his

25
successor elected at any regular meeting of the Board or at any special meeting of
the Board called for such purpose.

34. President:- The President shall be the Chief Executive Officer of the
Association. He shall preside at all meetings of the Association and of the board.
He shall have all of the general powers and duties which are usually vested in the
office of President of an Association, including, but not limited to, the power to
appoint committees from among the owners time to time be imposed upon him by
the Board.

35. Vice-President :- The Vice-President shall take the place of the President and
perform his duties whenever the President shall be absent or unable to act. If
Neither the president not the Vice-President is able to act, the Board shall appoint
some other member of the Board so to action an interim basis. The Vice-presedent,
shall also perform such other duties as shall from time to timebe imposed upon him
by the Board.

36. Secretary – The Secretary shall keep the minutes of all meetings of the Board
and the minutes of all meetings of the Association.; he shall have charge of such
books and papers as the Board direct; and he shall, in general, perform all the duties
incidental to the office of Secretary.

37. Treasurer.- The Treasurer shall be responsible for Association funds ad

securities and shall also be responsible for keeping full and accurate accounts of all
receipts and disbursements in books belonging to the Association. He shall be
responsible for the deposit of all money and other valuable effects in the name and
to the credit, of the Association in such depositaries as may from time to time be
designed by the Board.

CHAPTER VI
Obligation of the apartment Owners.

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38. Assessments .- - All owners are obliged to pay monthly assessment imposed
by the Association to meet all expenses relating to the Saket Apartment
Condominium, which may include and insurance premium for a policy to cover
repair and reconstruction work in case of hurricane, fire, earthquake or other
hazards or calamity. The assessments shall be made pro-rata according to the value
of the unit owned, as ,stipulated in the declaration, Such assessments shall include
monthly payments to a General Operating Reserve and a Reserve Fund for
Replacements.

39. Maintenance and repair.

(1) Every owner must perform promptly. All maintenance and repair work within
his own unit, which if omitted would affect the Saket Apartment Condominium in
entirely or in a part belonging to other owners, being expressly responsible for the
damages and liabilities that his failure to do so may endanger.
(2) All the repairs of internal installations of the unit such as water, light, gas,
power, sewage, telephone, air–conditioner, sanitary
installations .doors ,windows, lamps and all other accessories belonging to the
unit area shall be at the expense of the apartment owner concerned.
(3) An owner shall reimburse the Association for any expenditures incurred in
repairing or replacing any common area and facility damaged through his fault.

40. Use of family units –internal changes.

(1) All units shall be utilized for residential purpose only.
(2) An owner shall not make and structural modifications or alterations in his unit
or installations located therein without previously notifying the Association in
writing. Through the President of the Board if no Manager is employed. The
Association shall have the obligation to answer within thirty days and failure to
do so within the stipulated time shall mean that there is no objection to the
proposed modification, alternation or installation.
41. Use of Common areas and facilities and restricted common areas and
facilities:-

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 An owner shall not place or cause to be placed in the lobbies, vestibules,
stairway, elevator and other areas of Saket Apartment Condominium and facilities
of a similar nature both common and restricted, any furniture ,packages or objects
of any kind. Such areas shall be used for no other purpose than for normal transit
through them.

42. Right of Entry.—

(1) An owner shall grant the right of entry to the Manager or to any other person
authorized by the Board or the Association in case of any emergency originating in
or threatening his unit, whether the owner is present at the time or not.
(2) An owner shall permit other owners, or their representatives when so required
to enter his unit for the purpose of performing installations,alterations or repairs to
the mechanical or electrical services provided that requests for entry are made in
advance and that such entry is at a time convenient to the owner. In case of an
emergency, such right of entry shall be immediate.
43. Rules of Conduct.
(1) No resident of the Saket Apartment Condominium shall post any advertisement
or posters of any kind in or on the building except as authorized by the Association.
(2) Residents shall exercise extreme care about making noises or the use of
musical instruments, radios, televisions and amplifiers that may disturb others.
Residents keeping domestic animals shall abide by the municipal sanitary bye-laws
or regulations.
(3) It is prohibited to hang garments, rugs etc. from the windows balconies,
or from any of the facades of the Saket Apartment Condominium.
(3) It is prohibited to dust rugs. etc. from the windows, or to clean rugs, etc. by
beating on the exterior part of the said Condominium.
(4) It is prohibited to throw garbage or trash outside the disposal installations
provided for such purposes in the service areas. If such installation is not
provided, all garbage or trash shall be collected in a vessel and thrown in the
Municipal dust bin.
(6) No owner, resident or lessee shall install wiring for electrical or telephone
installation, television antennae, machines or air-conditioning units, etc. on the

28
exterior of the Saket Apartment Condominium or that protrude through the walls
or the roof of that Condominium except as authorized by the Association.

CHAPTER VII
Funds and their investments
44. Funds.- Funds may be raised by the Association in all or any of the following
ways namely:-
(a) by shares;
(b) by contributions and donations from the apartment owners;
(c) from common profits which shall form the nucleus of the Reserve Fund;
(d) by raising loans, if necessary, subject to such terms and conditions as the
Association, with the approval of the Competent Authority,may determine in
his behalf.

45. Investment.--- The Association may invest or deposit its funds in one or more
of the following:-
(a) in the Central Co-operative Bank or in the State Co-operative Bank; or
in any of the securities specified in section 20 of the Indian Trusts Act, 1882; or
(b) in any co-operative Bank other than those referred to in clause (a) of this bye
law; or in any banking company approved for this purpose by the Association.

46. Affiliation :- Should there be any Federation of apartment owners in the

locality in which the Saket Apartment Condominium is situate, the Association
may after consulting the competent authority, become a member thereof, and pay
the sums from time to time payable to such Federation under the rules thereof.

47. Accounts:-
(1) A banking account shall be opened by the Association into which all moneys
received on behalf of the Association shall be paid, provided that the Secretary
may retain in his personal custody an amount not exceeding Rs.100 for petty
expenses. All payments above Rs. 100/- shall be made by Cheques signed by the
Secretary, and one member of the Board.

29
(2) Each apartment owner shall have a pass book in which the Secretary shall enter
amounts paid to or received for his share in receipts of profits from common areas
and contributions towards common expenses, and his share of assessment and other
dues, if any is respect of his apartment.
(3) The Association shall on or before 31st July in each year publish an audited
annual financial statement in respect of the common areas and facilities
containing:-
(a) the profit and loss account;
(b) the receipts and expenditure of the previous financial year; and
(c) a summary of the property and assets and liabilities of the common areas
and facilities of the Association, giving such particulars as will disclose the
general nature of these liabilities and assets and how the value of fixe assets
has been arrived at.
(5) Every financial statement shall be accompanied by a complete list of the
apartment owners. There shall also accompany the financial statement a similar
list of loanees. The financial statement shall state up to what date profits and
expenses of common areas are included.]

48. Publication of accounts and reports:- A copy of the last financial statement
and of the report of the auditor, if any shall be kept in a conspicuous place in the
office of the Association.

49. Appointment of Auditor:- The Association shall appoint at its general

meeting, and auditor who shall audit the accounts of the Association to be prepared
by the Board as here in before provided and shall either sign the same as found by
him to be correct, duly vouched and in accordance with law, or specially report to
the Association in what respect he finds it incorrect, un-vouched or not in
accordance with law.

50. Power of Auditor:-The auditor shall be entitled to call for and examine any
papers or documents belonging to the Association relating to the common areas and
facilities (including limited common areas and facilities) and common expenses

30
and shall make a special report to the Association upon any matter connected with
the accounts which appears to him to require notice.

CHAPTER VIII
Mortgages

51. Notice to Association – An owner who mortgages his unit, shall notify the
Association through the Manager, if any, or the President of the Board in the event
there is no Manager, the name and address of his mortgagee; and the Association
shall maintain such information in a book entitled “Mortgagees of Units”,

52. Notice of unpaid assessments. –The Association shall at the request of a

mortgagee of a unit report any unpaid assessments due from the owner of such unit.

CHAPTER IX
Compliance

53. Compliance – These bye-laws are set forth to comply with the requirements of
the Maharashtra Apartment Ownership Act, 1970.In case any of these bye-law
conflict with the provisions of the said Act, it is hereby agreed and accepted that the
provisions of the Act will apply.

54. Seal of the Association -- The Association shall have common seal which
shall be in the custody of the Secretary, and shall be used only under the authority
of a resolution of the Board and every deed of instrument to which the seal is
affixed shall be attested for or on behalf of the Association by two members of the
Board and the Secretary or any other person authorized by the Association in that
behalf.

CHAPTER X
Amendments to plan of Apartment Ownership

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55. Amendments of bye-laws – These bye-laws may be amended by the
Association in a duly constituted meeting for such purpose and no amendment shall
take effect unless approved by owners representing at least 75per cent of the total
value of all units in the Saket Apartment Condominium as shown in the
Declaration.

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