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State of Gujarat - Section

Section 10 in The Gujarat Ownership Flats Act, 1973

10. Promoter to take steps for formation of co-operative society or company.

(1)As soon as a minimum number of persons required to form a co-operative society or a company have taken flats, the promoter shall within the prescribed period submit an application to the Registrar for registration of the organisation of persons who take the flats, as a co-operative society or, as the case may be, as a company; and the promoter shall join, in respect of the flats which have not been taken, in such application for membership of a co-operative society or, as the case may be of a company. Nothing in this section shall affect the right of the promoter to dispose of the remaining flats in accordance with the provisions of this Act.
(2)If any property consisting of building or buildings is constructed or to be constructed and the apartment takers propose to submit the apartments to the provisions of Part II by executing Declarations and Deeds of Apartments as required by that Part, then the promoter shall inform the Registrar accordingly, and in such cases it shall not be lawful to form any cooperative society or company and each apartment owner shall be entitled to the exclusive ownership and possession of his apartment as provided in Part II.