Section 17 in The Jammu and Kashmir Apartment Ownership Act, 1989
17. Disposition of property destruction or damage.
- If within sixty days of the date of damage or destruction to all, or part of any property, or within such further time as the competent authority may, having regard to the circumstances of the case, allow, the Association of Apartment Owners does not determine to repair, reconstruct or re-build such property then, and in that event,-(a)the property shall be deemed to be owned in common by the apartment owners ;(b)the undivided interest in the property owner in common, which shall appertain to each apartment owners 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 apartment 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 ;(d)the property shall be subject to an action for partition at the suit of any apartment owned 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 amongst all the apartment owners in the percentages equal to the percentage of undivided interest owned by each apartment owner in the property after paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner.
