The Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963


3. General liabilities of promoter.- (1) Notwithstanding anything in any other law, a promoter who intends to construct or constructs a block or building of flats, all or some of which are to be taken or are taken on ownership basis; shall in all transactions with persons intending to take or taking one or more of such flats, be liable to give or produce, or cause to be given or produced, the information and the documents hereinafter in this section mentioned.
            (2) A promoter, who constructs or intends to construct such block or building of flats, shall-
(a)       Make full and true disclosure of the nature of his title to the land on which the flats are constructed, or are to be constructed; such title to the land as aforesaid having been duty certified by an Attorney-at-Law, or by an Advocate of not less than three years standing, 1[and having been duty entered in the Property card or extract of Village Forms VI or VII and XII or any other relevant revenue record;]
(b)               make full and true disclosure of all encumbrances on such land including any right, title, interest or claim of any party in or over such land;
(c)                give inspection on seven days notice or demand, of the plans and specifications of the building built or to be built or to be built on the land such plans and specifications having been approved by the local authority which he is required so to do under any law for the time being in force;
(d)               disclose the nature of fixtures, fittings and amenities (including the provision for one or more lifts) provided or to be provided;
(e)                disclose on reasonable notice or demand if the promoter is himself the builder, the prescribed particulars as respects the design and the materials to be used in the construction of the building, and if the promoter is not himself the builder disclose, on such notice or demand, all agreements (and where there is no written agreement, the details of all agreements) entered into by him with the architects and contractors regarding the design, materials and construction of the building;
(f)                 specify in writing the date by which possession of the flat is to be handed over (and he shall hand over such possession accordingly);’
(g)                prepare and maintain a list of flats with their numbers already taken or agreed to be taken, and the names and addresses of the parties, and the price charged or agreed to be charged therefore, and the terms and conditions if any on which the flats are taken or agreed to be taken;
(h)                state in writing, the precise nature of the organization of persons to be constituted and to which title is to be passed, and the terms and conditions governing such organization of persons who have taken or are to take the flats;
(i)                  not allow persons to enter into possession until a completion certificate, where such certificate is required to be given under any law, is duly given by the local authority (and no person shall take possession of a flat until such completion certificate has been duly given by the local authority);
(j)                 make a full and true disclosure of all outgoings (including ground rent if any, municipal or other local taxes, taxes on income, water charges and electricity charges, revenue assessment, interest on any mortgage or other encumbrances if any);
(k)               make a full and true disclosure of such other information and document in such manner as may be prescribed; and give on demand true copies of such of the documents referred to in any of the clauses of this sub-section as may be prescribed at a reasonable charges therefore.
(l)                  display or keep all the documents, plans and specifications (or copies thereof) referred to in clauses (a), (b) and (c), at the site and permit inspection thereof to intending to take or taking one or more flats;
(m)              when the flats are advertised for sale, disclose inter alia in the advertisement the following particulars, namely:-
(1)   the extent of the carpet area of the flat including the area of the balconies which should be shown separately;
(2)   the price of the flat including the proportionate price of the common areas and facilities which should be shown separately, to be paid by the purchaser of flat; and the intervals at which the installments thereof may be paid;
(3)   the nature, extent and description of the common areas and facilities; and
(4)   the nature, extent and description of limited common areas and facilities, if any].
(n)                sell flat on the basis of the carpet area only:
       Provided that, the promoter may separately charge for the common areas and facilities in proportion of the carpet area of the flat.
       Explanation – For the purpose of this clause, the carpet area of the flat shall include the area of the balcony of such flat]

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