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State of West Bengal - Section

Section 11 in West Bengal Apartment Ownership Act, 1972

11. Withdrawal from the provisions of the Act.

— (1) All the apartment owners may with the prior permission of the State Government, withdraw a property from the provisions of this Act by an instrument executed to that effect.
(2)Upon the property being withdrawn from the provisions of this Act, it shall be deemed to be owned in common by the apartment owners and the share of each such owner in the property shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities.
(3)Any encumbrance affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest of the apartment owner in the property as provided herein.