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RERA ....DIRECTION TO FORM SOCIETY AND FOR UNDEVIDED PROPOSNATE TITLE IN CONVEYANCE DEED


RERA RESOLVED ALL CONFUSION REGARDING FORMATION OF ASSOCIATION OF MEMBERS / ALLOTEES AND GAVE DIRECTION FOR CONVEYANCE OF THE UNDEVIDED PROPOSNATE TITLE IN COMMON AREA AND FACILITY IN TITLE DEED
RERA Authority came with the two important directions and put end to different opinions prevailing in the Real Estate market. For the purpose of RERA object and as per Sec 17 of the RERA Act, Association of Allottees could not be formed by way of Company, LLP, or Society but has to be under the Gujarat Co-Operative Society Act, 1961.
Rule 9 of the Gujarat Real Estate ( Regulation and Development)(General)Rule 2017 gives the Draft Agreement for Sale   which provides that the Promoter is required to transfer the undivided proposnate share in the common areas in favor of the allottees. There could be convergence of the requirements of Sec 17 of the RERA Act, the draft agreement for sale and the provisions of the GOFA Act. This would also be in conformity with the practice of conveyance of propionate undivided portion in the common area and other facilities to the allottee as prevailing in Gujarat during the GOFA Act.
ORDER 13 passed for 2 directions.
Gujarat RERA therefore in view of the existing practice under the GOFA Act, directed that Promoter should logically be permitted to transfer the undivided proporsnate share in the common areas in favor of the allottee who is paying consideration for the same.
It is also directed to form Association of Allottees under the Gujarat Co Operative Society Act, 1961 only.


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