" 1W II I , .. H~', MAHARASHTRA ' .' q~1 Cl2017{) .. ~ . : ...:, I. . ,I. ,1"'" ; ,.' , \ j, '" " :1 Ow Oumdev II " DECLARATION OF APARTMENT "SHREE RAJ VIH.'\'.RAPA:RTl\1ENT " 'Ibis Deed of Declarationis made on this OiOl day of i\{a:'Cn ill the Christian year Two Thousand Eighte..-:-1, ""'VJAV'''"'v .,. """'" a.J y_ WI oJ"·..• t-'jJ4 ·"' - ·~..e l'~ ~ -.- J"''''''--,.J commence the construction of the Commercial and Residential building on the said plot property, " " ,_ , ,. ,. '. \ I ." ·i .. . I 'I -IO~1l~ :.bJk). 4Se!) ,(8 'll!IU:'.~ (~. : ."'".:",;,," ...... v.,~...!£•,b.:~Is!l)4b'eO.(S:W I~l"h{(1 .' 'k:~~~ '(O'lL J.loI);JUh ~.~:1l!ll1~: OO'OZL .~ . 00'01:9 .~. OO·OO~'!to ~'ljo)~ ~ Rlnotrllk ~'ijk 'L :iil.k ~1b.11o)1h.ill!! kbU."", : lWI ~~ ~IOl:-e96~·~.:\I'lb...\l!O 1,..!t."~Rl~ '. l/II6C:'uBe~ . 11\1\1 SV:'l .tt6&::.~ 810<:' 80 !plIIrf~8J)SJf141 GlC'llIdllQ/l8'!!6!io e96~/VOI ,.,. ." ;. ' :. .' ,,-=-\_ '('II~ ~ "*\"'f\C -----------~) ~~~~Q~( l"'~m~. .. ,.; '... _,-~.,-:dbr."'.~. !Jaiq;,iU \fCI1lrw .: ~ ilIi'll'I ...w ': ~.... .it ".. (ff?Q..-\\) . \ .. , !N.?~. .'\ ~ ... floo )( "0 )( \ ;, ~o~ . o· . _\~_L' - j: 1!;jVI ':. (~ ~~ ~ Elv"«l,tIl mft) . (~ L ••'(l~) . t ,:".m,;~~t1lia~c:~.~~ ~'".~. . /'tfaiflm' 1Il"~ ~r;;m ~. tI ~."!"{.'{ I. Mr. RAHUL BHASKARRAO TIIAKARE . Age: ::;S,Occ.: BURjl1~SS•. RIo : Flat No. 6, Vasaat Vihar Apartment, Pipe Line Road, Satpur, Nashik. Pan No. : AHKrr 7367 G 2, Mr. AJAY ABA". ellA VAN Age: 46,000.: Business, RIo : Flat No. 13, N'll'IllBn VihtlC, Vise Mala. College Road, Na:.hik. Pan No. : ADKPC 7553 K ..(' ,. .",,:,. "... ,.,. , . as the "IRE GRANTOR 1 VENDOR" (Which :1~~cinaaet''l'efetTdd'to ....:1~:~: : '. ~.';'".: CliGp,res':ilon shall unless it be repugnant to the contexe or meaning there of mean .:::.m,tI include bis h.e!t5, Executors, Admlnistraters, as~il!ns, ete.) .. :~:I~·i.!\',:.,.: ".;.'- ,.,\ -r, . .' ~,' '~':"'~" ': f:; ": .: .... ~:FrW:: . AND WHEREAS the .GRANTOR, hereinafterreferred to as the 8!ld they are the absolute & exclusive joint owners. Also they ..... ..:...... . joint Il\I}.(1. t\o Apartmcm owners nl' SHREE rw V1HAR APARTMENT Condominium CIlJI chum any kind of right, objection trespassing, reservation, on the side margiual space of the building, except the owner of Flat no. OJ (Ground f1o~r), to whom the space on west side marginal space and South Vlest comer of , Ole plot has been allotted as Ills Garden arca adjoin to his flat property. All the l'~maio.ihg.OJXlll marginal space is a\'!\ilabl~.for general parkin~ pw'J)O~~ or Ihe vehicles of aU tlat owners and for normal transit for them. 'FIF11J :. That the said. building consists of Parking + Three uppel' floors, cousins of 02 commercial units and 13 residential units are all for commercial IUlIl residential purpose which sbal[ be used for commercial and residential PlIlpose only all the floors arc all capable of individual utiliasation on account of having their own exit to a common area and facility of the saiel huilding end the apartment will be sold to one or more owners 'each owners IYblainiJig particular . and exclusive property right Ulere to snd each apartment constituting a heritable nnd transferable immoveable property within the meaning of any tilW for the time ') being in force In Ole state. (Hereinafter refer to us the Family Unit) and also an undivided.inteeest in the General and! orrestricted oominon areas and fncllities all of the above ere in accordance with the M&hW'~shtraApartment Ownership Act 1970. . SIXTH :. That the aforesaid building hal; a I.9tal building 1ll'C8 of 388.96 sq. mtrs. · C;u-pcl area included Struroase + landing, a110Ued terrace, fo!l1.ilyunits, and common areas and taclllties. seyENTII:· Thatthe Condominium shcll be known as SHREE RAJ VIllAR APAR1MENT CONDOMIN1UM and that the commercial unit, family unit and . .' commou area and facilities of the building will be as follows .... t. Ground Pk'OT ;.. .Common area for Vehicle parking for an Family unit, one Famity unit numbered as I and Two Commercial unit numbered as J and 2 1. family Unit . 011 the First Floor thero is Four Family units numbered as 2,3,4,5. 0 '. ~. Family l.:uit - 011 the Second Floor there is Four family ~. units numbered as 6, 7, 7 A, 8, I 4. Family Unit :- On the Third Floor there arc POtU'Family ., unirs numbered us 9,10,1 OA,II. ~:{~~ ~?~ """'''' ( I~~'i~..\.~. A iJ. =;.-~, t.::...~' ' ':~.~.,..;~~~:-::--!'\~''-';;~ u _'.. 3, .~;;;\.~ ... '! ..J ~ The measurements of the ue the,outside walls and one half of brick partitions excluding bearing walls. TIle principle structure of this building is RCC type framework, brick walls wooden doors and such other material as per the consent of 1111the apartment OWllCl'S. Uj£§CRll'TION OF EACH COMMERCIAL UNIX IS DESCRIBED AS UNDEH:- I. Commercial Unitt- Shop No. 0 I it is a apartment on the Ground Floor, admeasuring [0,45 sq. mtrs. carpet along with absolute and exclusive right to usc; utilise toilet and other common facilities adjoining to the said Shop. " I' Kame of owner :- Mr. RAHUr. BHASKARR/\.O THAKARE I Purpose CO=l'dal,' 2. Commercial Unit:- Shop No. 02 it is a apartment on the Ground floor, admeesuring 13.70 sq. nnrs. carpel along w>ithabsolute and exclusive right to use, utilise toilet and other common facilities a~j()ining to the said Shop. . Name of owner c- :Mr. RAlIUL BHASKARRAO TF-JAKARE Purpose :.. Commercial, DESC1UPTION OF EACH FAJ\.DL\" {'-NITL~DESCT!lHF.11 AS l!NDRR:- 1. Family Unit:- Apartmen( No. 01 j[ is a apartment on the Geound floor, admeasuring 28,45 sq. mtrs, Cru"el alona with absolute IIOdexclusive right to use ruarglnal $pa~1:: 011 west sice and South West corner of the plot bas been allotted 0$ Garden 1U'~fIadjoin tv the sAici flnr. property, and eojoy the open space, stair case, terrace, separate parking and other common Iaoilities adjoining 00 the said . flat. . Name of owner :- Mr, -,VAY ABAJfCHAVAN Purpose :: . Residential, 2. fUllllly Unit;- Apartmem No, 02 it is a apartment 011 LIlt: First 1100r, "") 26.36 !4. mtrs. clU'pet along with absolute and exclusive right to oomcllsucing 1:11:011 use, ulilise IIIld enjoy the open space, stair case, terrace. COITUnonparking Slid other common facilities adjoining (0 the said flat. ' Name of owner :- Mr. AJA Y ABAJ 1 CHA VAN Purpose Residential, 3. Family Unit- Apartment No. 03 it is a apartment on the first floor, ndmeasuring area 28.55 sq. mtrs, Carpe; ulougwitb absolute and exclusive right to usc, utilise and enjoy the open space, stair case, terrace, Common parking and , olber common facilities adjoining to cht:said flat. Name of owner t- Mr, AlA Y AI:lAJI CHA VAN Purpose. Residential, 4. Family Uniti- Apartment No. 04 it is a apartment on the First floor, adme&soriJ\g area 27.75 sq. mtrs. Cru:pct alongwith absolute and exclusive right to use, utilise and enjoy the open space, stair case, terrace, Common parking and other common facilities ,adjoining to the said flat. : Name of owner :- Mr, R.. . nvr.; BHASKAItRi\O THAKARE Purpose Residential, . '" ". ,,1'" ~ ", . .-.:....:......: , , ~. ,. ~.. q~~ - i~o~(.( ~~~. f.::v~~4.' 'ln-., ~ j c..' .t..:. ''I%:~~~'J:'~' '\ ,.,. 'P • r,•• ,. . " ~l!i~ ()eY G ~ " • 'l~ .,. - JJ~, . tJ.t;r \\'{:-~ ""'...~(!)/! \-:- " ,,'1..... ~... • * 5,' . . ~ a -~. -~.~~ Family Unit- Apartment No, 5 is a apartment on the First floor, j, "~"'Sj\(··\~. .adnieasuring area 29.46 sq. mtrs. carpet along with absolute and exclusive right to usc, utilise and enjoy the npen space, stair case, terrace; Common parking aad other common facilities adjoining 10 the said' flat. 'Karol) of owner :- lvlr. AJAY !~BAJI CHAVAN Purpose :- Residential, 6. Family Unitt- Apartment No. 06 it isa epanment on the Second floor,· admeasuring area 26,36 sq. rntrs. carpet along with ubsolute and exclusive right to ~:'. use, utilise and enjo)' the open space, stlIit case, terrace.' Common parking and other common facilities ~joining [0 the said flat. . • NIID'IO of.owner :- Mr. AJA Y ABAJ! CHAV AN Purpose :- Residential, it 7. Family Un.it~-Apartment No, 07 it is a Apartment on the Secane floor, . t:(, admeasuring area 28.55 sq. mil's. catpct along with absolute and exclusive right to «. use. utilise and enjoy tbe open space, slair case, terrace, Common parking and otl;lcrcommon facilities P4)oilling Cothe salel fiat. . :,J. . ~' \. i" Name of owner :- Mr. RAHUL illIASKARRI\O THAK.4,RE Purpose :-' Residential, , . t, \" . ~. . Family Uait:» Apartment No. 7A ii is a 8p:trtmcnt on the Second floor, admeasuring area 27.75 sq. mtrs. carpet along with absolute and exclusive right to . usa, utili,o;c and enjoy the open space, stair 'case, terrace, Common pctrking s.n9 t" • o!.hit' common ia.cilitics adjoining to the said flat. Name of owner :- Mr. KAJiUL BJ-IASKARRAO THAl{ARE ' Purpose- ;- Rl)Siacntial, ."'\ 9. Family Unit- Apartment ·No. 08 it. is a aparttncmt on the Second floor, admeasuring area 29.46 sq. mtrs. carpel along with absolute lind exclusive right to usc, utilise and enjoy the open space, .stair case, terrace, COllW(1I! pallcillg and other common flll.lHitic3adjoining to the said. flat. ;. Name vi owner ;- Mr. RAHUL .BHASKARRA,O TIIAKARE , , Purpose .- Residential, . l· Iq, Family Unitt- Apartment No. 09 it is a apartment all. the Third .floor, admeasuring area 26.36 sq. mtre. carpet along wid! absolute und exclusive right to .' . usc, utilise and enjoy the open space, stair case, terrace, Common parking and other common facilities adjoining to fhe said flat. . Name of owner c- Mr. A.rAY ABA.J1 eHA V AN' Purpose Residential, 11. Family Unit:- Apartment No. 10 it is a apartment on the Third floor, ...;'., . lIdnieaSll1ing area 28.55 sq. mtrs. carper along with absolute and exclusive right to \, . use, utilise and enjoy the open space, stair case, terrace, Common' parking and other common facilities adjoining to the said fiat. Nameof'owner :- Mr: RAIIUL BHASKARRAO TIIAKARE Purpose Residential, . t -'---- __ :_ __ . '.: :".:... '. ....:g,... -~ GRili.J ~~" '-'~Gtl 12. Name of owner :- ~fr.RAHUL BHASKARRAO THAKARE Purpose :- Residential, 13. Frunily Unit.- Apartment No. I J it is a apartment on the Third floor, admeasurlng area 29.46 sq. mtrs, carpet along with absolute and exclusive right to use, utilise and enjoy the oren space, stair case, terrace, Common parking and other common facilities adjoinJog zo the said flat, Name of VVl11=r :- Mr. AlA Y ABAJI CHA VAN Purpose :- Residential, 3) COMMON AREAS ANn FACILITIES: A. (1ollowi.ng.fuci!jtie~lire loc(!~d throughout the buildjU2. 11 TIle staircase aAd stair case landing referred to i'n this deed in the. building ,I· which leads from the ground to the roof oflhe building. Jll' Underground water illllk located in the side margin and overhead water , alllk located on tho roof of the building. . . Ill] Plumbing network throughout the building Sanitary network througbout the building and septic tenk located ill the side margin. IV) Electric wiring network throughout mil btuliiog. V). Necessary electrical lighting network throughout the buUding. and common water connection throughout the building. VI] 1110 fcundation and mair, walls, columns, bemus, roof, terrace of the building as described in the plan attached hero 10 wllh common lights. VH] Motors with pump sets. end in general all apparatus and installations exisli.ng :furcommon use, ....... , VUl] Common meter for common electric consumption tXJ Compound wall with gates. Xl Front Side margin oCthe buitding tor common parking for Flat No. 2.to 11 am! commorn areas and facilities .. xn Marginal Open space. surrounding the building as per the approved building plan and as per the building regulations rcstrletedcommon areas . XII] Borewed & submersible pump. a. following ){estricted facilities !Ire located io th~)U.iJ9.i1lg. If ,No Apartment owners of SHREE RAJ VIHAR APARTMENT can claim any kind of righ!, objection trespa~sillg, reservation on marginal space on West side ane!.South.West comer of the plot has been adjacent to Flat No. 01 of the building is allotted for Garden to Flat No. at. Although it' any service line, common water lice, chamber etc. exist in the said side margin allotted to Flat no. 01 then said Apartment Owner shall allow the persons as repair the said common facilities. EIGJ1fTH:- (a) That the right, title. and interest of each owner of a commercial unit and family unit in the general common arees and facilities as listed above ani their proportionate share it) the profits and common expenses in , the general common areas anti facilities and common expenses in tile .' " ',' , , e.. ~:\; .-~., d@-- 'f!.' ; ~:o0.%~~ !~I.* ..1~ l-, ~",_,Jj---/i~-~;'--'i,rf!; rn.~ILF:':'___ , .... ~t~' .!I'j;J j" f. --- ~ ~"<,,,~ I(>~r'r/) , ~1_J ~~J~ proportionate representation for volin~ purpose in the meeting of the association of apartment owners of SHREE RAJ VrHAR AP..\RTME}\'T CONDOMINIUM based on the proportionate areas of each family' unu of the total area of lhe all Wlits as follows'- . RESID'ENTIAL U~IT COMMERCIAl; UNIT ,AND - - Sho]> No. And Flat No. I. Area In Sq. Percearage Mil'. Voting t (CuneO .. Sho:eNo. 01 10.45 2,68 0.27 Shop No. 02 13'.70 3,52 0.36 nst'No.Ol 28.45 7.31 ().73 , , Flat :Xo.02 !H~t~o.03 Flat No.04 26.36 2R,55 27.75 ' , __ (\.77 .... 7.34 7.14 , ..- o.iii ..•.~ 0.74 0.71 __j I ~No.05 29.46 .. 7.58 0.71i f '9..67 _ ~, Fl~t No.D6 I 26.36 6.77 i ! Flat No.07 28.55 7.34 ..0.74 __ -27.75 1· FI~tNo.7A ; -' 7.14 .. 0.71 Flat No.OR 29.46 ,7.SS' 0.76 Plat No.09 26.36 6.77, 0.67 , r.;-. FhnNo.lO 28.55 734 I 0.74 Flat NO.10A , 2.7.75, 7.14 I .., O.7l f I Flat No.ll 29.46 758 0.76 Total 3RS.96 - 100 % 'j 10 o~~_ (1)) The proportionate representaticn for voting purpose provided in (a) hereof, I: may be limited ir. accordance with the provisions of the bye laws auached hereto .. ' ... as Exhibit B. ,'\ (c) Apartment and the percentage of undivided interest iu the common areas • and facilities apPC!l1aining to ,till! apanment, (each apartment) ate not encnmbcrcd in any manner whatsoever on the dllte of ihls deolarenon , I' I" NJNETU :. That the edmiuistretion of SHREE. RAJ VlHAR APARTMENT " ". CONDOMftI.'IUM consisting as aforeseid of the building Md 'parcel 'of land described, In the schedule arid para of Ihis declaration shnll be in accordance with i,. the provisions of (jus declaration and with the provisions of the bye laws which are made a part of this declaration and are attached hereto as Exhibit B. TENTH :- That 8S appear above 'a plan of Apartment. ownership is hereby COJ.t.Stituted under and subject to the' provisions of the ).1ahru-d'sIIlI'A Apartment Ownership Act 1970, so that the Commercial Unit, Family untts orr gruuud m.d ! Three upper floor may be conveyed and registered as individual properties capable of independent use 011 account of each -having its own exit to a restricted common areas of the building, each cominercial unit and family unit owner ' having an exclusive and particular right title and interest over his respective unit and in addition tho specified undivided interest in thc restricted common areas and 'C '. facilities 'f: i- ,bl.EVENTH:- That for the purposes of stamp duty and registration fees to be imposed on !hc registration of this Declaration and Deed of Apartment under Sec.13 (5) of the SHRRE RAJ VIHAR APARD-fao of the ., ". ' : I ,:':.. f ,. .: :~:.,: ~,:. /,<~;->~ . .. ::r.- ~ f4! . ;:W .(1. 1~:f71·~;;~~~' ...,...-~.._,_;~-----H' J... •• • ;::10; . r •• e-~.i' ,-,:. . ~ I ,1 ' ";"";·1' l'~\~ " .$l~ cH ..,.-... ek)/.' :'1.I~ '/~O~(, ~~~~~----~~--.~' .,;.> ~~ respective-commercial unit and family. unit shaH have the ahsolute right to lease such unit or give it and leave and licenses or caretaker basis provided tllat the said lease or leave and license or caretaker basis is made subject to the covenants and restrictions contained in Ibis declaration and. further subject to the bye law ill. exhibit ·D" attached hereto, TWENTEEW ;- That if the 'property, SIIl1jcctto the plan of apanment ownership Is totally or substantially damaged or destroyed the repair reconstruction or disposition of the property shall be provided b)l the Manarashtra Apartment . Ownership Act 1970. . _. ., nVENTY Fm.sr :- That where a Commercial unit and .faroii); unit is sold bv a J i· mOl1gugeis exercise of his power of sale 'U!lderan English mortgage against inc .' . owner of such commercial unit and family unit then. neither the mortgage nor the . 'purchescr who derives title to the commercial unit and family unit ot such sale 01' .,,,_, his SUCOCSS01' assigns shall be liable for, asseR~lle)lls hy the association which. .become. due prior to Ole acqulsitlon of title by such aequirer it being understood however Illat the above shall not be construed to prevent the association of apanmeat owners from. filingand daimi!lg charge for such assessments And enforoillg same 113provided by law, and that such caarge-I>hall be subordinate to such mortgage, TWENTY SECQ;\IP ;- That ~Ia voluntary conveyance of 0. commercial unit end tlunily unit, TIle grantee of the uoit shall be joil;)t1y & seveIllUy :Iabalo for all \U1paidassessments by the association of apartment owners against the respective s.'we of the common expenses up to the lime' of1he grant or conveyance without prejudice to the grantee's right to recover from thc grantor )he amounts paid by the grantee thereof. However, any such grantee shall be entitled, to a· stmement ': .. from the' Manager or Board of Managers of tlic Association, as Lle case may he setting fOrill the account of tho unpaid assessments against the grantor due to the Association & such grantee :;!)ull not be liable for, nor shall the family unit ''\, conveyed be subject to a· charge for, any unpaid assessment made: br the association of apartment owner agablst the grantor in excess of amount thc:eio, set forth, . , r, '. TWENTY nnRD :- The amendment to this Declaration will be effected after • passing a resolution-to that elTect in the meeting of all the aparln:enl owners for -, tho same will be necessary & in pursuance of the resolution passed the Board of t. MlIIl4gt:'S will be olltidcd to effect such amendmenr to the declaration provIde SI.'l:h amendment in registered. ,. I.:. rilllENTY FOURTH: - The service of the notice & I or summons or any of the correspondence will be made at t4c address above mentioned of the persons concerned and f or the addresses subsequently informed by the apartment owners to the Board of'Managers ill. writing. -I SCIIEDULE OF THE PROl')!,RTY urON WHICH" SHREE RAJ VlfJAR APARTMENT If (S CONSTRUCTED:- All that piece and parcel of land bearing Survey No. 41713A out of this .' I. f'iDai lay-out Sanctioned bearing Plot No. 1U4 admeasuring area 32().OOSq. • ! mtr., Situated at Village Makhamalabad, Taluka and District Nashik within registration and Sub Registration District of Nashik ..within Nashik Municipal Corpcratioa, Jointly Bounded as follows: . . , .. ,i ; I; t r----~--~--.--~ East West North South IN WITNESS \V1IEREOF THE PARTIES HERETO HAVE SlGNED HF.REUNTO THIS I)AY AND YEAR FIRST MENTJOl\o"EDAI30VE. SIGNED SEALED AND DELlVERED ) : BY THP. wrnnx ~A~D V.[$NJ.)OR ) 1. Mr. RAHUL DDASKARRAO )~\);flo THAKARE ) - •••• "7. , ...... _-._, .. ) .(~' _ . ;2. Mr. AJ.AV ABAJI CHAVAN GRANTO.RN.ENDOR . : WITNESS.: lLQ.. 1........,.,-:-~ _ ~. ~.\.o,J<\c.} ~. V\~..). " ,. . flllii:( e./l.-"? Il~~(, ~ . -: EXHIBIT '13" ;- BYE-LAWS OF SHREE RAJ VIHAR APARTMENT . . CHAPTER-1 :- 1) . These bye-laws may be called the BYE-LAWS OF SHREE RAJ VIHAR APARTMENT . 2) The provision on these bye-laws apply CCl t."" SHRRF. RAJ VIHAR APARThffiNT 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 arc subject to the regulations set-forth ill these Bye-laws. , The mere acquisition or rental or taking or license or any or the commercial unit and family units (here- in y a resolution of the Board or upon a petition signed by a majority of the owners and the }laving been presented to the Secretary, or at the request of III",Housing Commissioner or as tbe ease may be, the Registrar or any Officer duly authorized by rum in this behalf. The- notice of any special meeting shall stAle1te time !lDdplace 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 cO,nsenl of'four Il:Cth of the owners present in person. '. , 17) NOTICE OF MEET1}IQS:- It shall be the duty of the Secretary to mall.cr send a uoticc 01 such annual or special meeting, stating the purpose thereof ~s well as the time and place where il Is to be held, to each apartment owner, II.t least 2 but not more IhM. 7 (Seven) . days prior to such meeting, The mailing or sendiug of n notice in the manner provided in thig· bye: - laws shall be considered notice served. Notkr.s of nil meetings shall be mailed o~ send W the Housing Commissioner, or as tho case may be the Registrar. -, 18) ADJOUR..\lBD MH£TINGS: - If any meeting of owners can !lol be organized because of quorum has not attended the owners who are present may adjouIlI the meeting to a time not less than forty eight hours from the time of the original meeting was called. If at such adjourned meeting also no quorum is present the owners present in person being not less Ulan two 'Shallfrom a quorum. 19) ORDER OF BUSINESS;- The order of business at all meeting of the owners of apartment shall be a, follows- a) Roll Call. b), Proof of notice of meeting 01' waiver of notice. <;) Reading of minutes of preceding meeting .. d) Reports of Officers. . ei, Report 0:- the Housing Commissioner, or the Registrar or of the 0 Ificer duly authorized by lLejn, if present, f) Report of Committees. g) Election of Board. . h) VII- finished business, if any. i) New business.