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Section 28

The Gujarat Ownership Flats Act, 1973State Act of Gujarat · Act 13 of 1973

(1) The Declaration and all amendments thereto and the Deed of Apartment in respect of each apartment and the floor plans of the buildings referred to in subsection (2) shall all be registered under the registration Act, 1908.

(2) Simultaneously with the registration of the Declaration there shall be filed along with it a set of the floor plans of the building showing the lay out, location, apartment numbers and dimensions of the apartments, stating the name of the building or that it has no name, and bearing the verified statement of an architect certifying that it is an accurate copy of portions of the plans of the building as filed with and approved by the local authority within whose jurisdiction the building is located. If such plans do not include a verified statement by such architect that such plans fully and accurately depict the layout, location, apartment numbers and dimensions of the apartments as built, there shall be recorded prior to the first conveyance of any apartment, an amendment to the Declaration to which shall be attached a verified statement of an architect certifying that the plans thereto-fore filed, or being field simultaneously with such amendment, fully and accurately depict the layout, location, apartment number and dimensions of the apartment as built.

(3) In all registration offices a book called "Register of Declarations and Deeds of Apartments under the Gujarat Ownership Flats Act, 1973" and index relating thereto shall be kept. The book and the index shall be kept in such form and shall contain such particulars as the State Government may prescribe.

(4) It shall be the duty of every manager or Board of managers to send to the Sub-Registrar of the sub-district in which the property containing the apartment is situate, or if there is no Sub-Registrar for the area, to the Registrar of the district in which such property is situate, a certified copy of the Declaration and Deed of Apartment made in respect of every apartment contained in the building forming part of the property together with a memorandum containing such particulars as the State Government may prescribe.

(5) The Sub-Registrar or, as the case may be, the Registrar shall register the Declaration along with floor plans of the building and Deeds of Apartment in the "Register of Declarations and Deed of Apartments under the Gujarat Ownership Flats Act, 1973" and shall also enter particulars in the index kept under subsection (3). Any person acquiring any apartment of any apartment owner shall be deemed to have notice of the Declaration and of the Deed of Apartment as from the date of its registration under this section.

(6) Except as provided in this section, the provisions of the Registration Act, 1908, shall mutatis mutandis apply to registration of such Declarations and Deeds of Apartments, and the words and expressions used in this section but not defined in this Act shall have the meanings assigned to them in the Registration Act, 1908.

Where this provision sits

ActThe Gujarat Ownership Flats Act, 1973
Section28
JurisdictionState of Gujarat
StatusIn force as published by the source

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