Section 17 in Uttar Pradesh Ownership of Flats Act, 1975
17. Disposition of property or destruction or damage.
- If within sixty days of the date of damage or destruction to all part of the property, it is not determined by the Association of owners of flats to repair, reconstruct or rebuild, then and in that event-(a)the property shall be deemed to be owned in common by the owners of flats;(b)the undivided interest in the property owned in common which shall appertain to each owner of a flat shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities;(c)any encumbrances affecting any of the flats shall be deemed to be transferred in accordance with the existing property to the percentage of the undivided interest of the owner of the flat in the property as provided herein;(d)the property shall be subject to an action for partition at the suit of any owner of a flat in which event the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the owners of the flats in percentages equal to the percentage of undivided interest owned by each owner in the property after first paying out all the respective shares of the owners of the flats to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each owner of flat.
