The Gujarat Ownership Flats Act, 1973
gujarat · 1973
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Gujarat Ownership Flats Act, 1973
- S. 2Section 2 defines key terms used in the Gujarat Ownership Flats Act, 1973, including "flat," "prescribed," "promoter," and "Registrar."
- S. 3Section 3 mandates promoters to disclose land title, encumbrances, building plans, and amenities in transactions for ownership flats.
- S. 4Section 4 mandates promoters to enter into and register written sale agreements for flats before accepting advance payments, containing prescribed details.
- S. 5Section 5 mandates promoters to separately account for and disclose funds received for flats, including for society formation and expenses.
- S. 6Section 6 mandates a promoter to pay all property-related outgoings until the flats are transferred to buyers.
- S. 7Section 7 prohibits promoters from altering building plans without consent and mandates defect rectification or compensation within a year.
- S. 8Section 8 mandates promoters to refund buyer payments with interest if they fail to deliver flats by agreed dates or due to uncontrollable reasons.
- S. 9Section 9 prohibits promoters from mortgaging or charging flats or land without buyer consent after agreement registration.
- S. 10Section 10 mandates promoters to register co-operative societies or companies for flats and prohibits forming such entities if owners opt for individual ownership.
- S. 11Section 11 mandates promoters to transfer their rights to a registered entity or association within a set period.
- S. 12Section 12 mandates flat buyers to pay agreed charges and outlines penalties for non-compliance.
- S. 13Section 13 prohibits managers from cutting off essential supplies to flat occupants without just cause and allows occupants to seek court restoration and fines for non-compliance.
- S. 14The provisions of this Part, except where otherwise provided, shall be in addition to the provisions of the Transfer of
- S. 15Section 15 modifies existing provisions for flats already constructed under the Gujarat Ownership Flats Act, 1973.
- S. 16Nothing in this Part shall apply to the Gujarat Housing Board constituted under the Gujarat Housing Board Act
- S. 17Section 17 applies to residential property submitted to the act's provisions by owners' declaration.
- S. 18In this Part, unless the context otherwise requires,- IV of 1882
- S. 19Section 19 declares that each apartment and its undivided interest in common areas and facilities are heritable and transferable property.
- S. 20(1) Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment
- S. 21Section 21 of the Gujarat Ownership Flats Act, 1973 allocates undivided interests in common areas to apartment owners based on property value percentages.
- S. 22Section mandates apartment owners to adhere to bye-laws, rules, regulations, and covenants, with non-compliance leading to potential legal action.
- S. 23Section prohibits apartment owners from altering property without unanimous consent, to maintain safety and value.
- S. 24Section 24 prohibits encumbrances on flats and common areas unless authorized, protecting individual ownership interests.
- S. 25Section 25 allocates common property profits and expenses among apartment owners based on their undivided interest percentages.
- S. 26Section 26 details the required contents of the Declaration for ownership flats, including property descriptions, common areas, and restrictions.
- S. 27Section 27 specifies the required details and filing of deeds for apartments under the Gujarat Ownership Flats Act, 1973.
- S. 28Section 28 mandates registration and filing of Declaration, floor plans, and deeds for each apartment under the Gujarat Ownership Flats Act, 1973.
- S. 29Section 29 allows all apartment owners to remove a property from specific provisions if all charge holders consent, transferring their charges to the owner's undivided interest percentage.
- S. 30Section 30 allows resubmission of property to the act's provisions after removal under section 29.
- S. 31(1) The administration of every property shall be governed by bye-laws a true copy of which shall be annexed to the Dec
- S. 32Section 32 prohibits apartment owners from avoiding common expense contributions by waiving use of common areas or abandoning their apartment.
- S. 33Section 33 deems each apartment and its undivided interest in common areas as separate property for tax assessment purposes.
- S. 34Section 34 establishes that unpaid common expense assessments create a charge on an apartment, prioritized before other charges except taxes and first mortgages.
- S. 35Section 35 ensures that a new apartment buyer is liable for unpaid assessments up to the sale date but not for pre-sale expenses exceeding the disclosed amount.
- S. 36Section mandates manager or board to obtain insurance for common property against fire and other risks, with premiums as common expenses.
- S. 37Section 37 mandates that if repairs are not initiated within 60 days of damage, the property is deemed jointly owned by apartment owners.
- S. 38Section 38 allows the manager or Board of managers to sue on behalf of multiple apartment owners for issues concerning common areas and facilities.
- S. 39Section 39 mandates that all apartment owners and related parties are bound by the association's bye-laws and decisions.
- S. 40Section 40 integrates the Transfer of Property Act, 1882 for apartment ownership and shared facilities, overriding conflicting contract terms.
- S. 41The Gujarat Housing Board Act, 1961 shall be amended in the manner and to the extent specified in the Schedule
- S. 42Section penalizes promoters for non-compliance with the act, with fines and imprisonment for breaches.
- S. 43Section 43 makes company officers liable for offences committed by the company if they were in charge, responsible, or negligent.
- S. 44Section 44 empowers the State Government to create rules for implementing the Gujarat Ownership Flats Act, 1973.
- S. 1961Application of Part