Gujarat flat ownership act 1973 Applicability

Both the Acts are local (State) which are applicable in Gujarat but both are different to each other. Flat owners Act is applicable to all multi-storied flats including cooperative societies flats whereas Cooperative Societies Act is applicable for cooperative societies only. It is better to consult a local prudent lawyer

What are the facts? What is the context?

There is a Society of 35 tenants which the builder had constructed in 1995, and alloted fully to the members upto 1998. Since then the builder is not handing over the charge of society to the owners,, more so an outstanding tax of Rs 8 lks is being shown in Municipal records which is reassessment of land value between the Corp and builder. The property tax is being duly paid by the owners. The Flat owners act clearly states in Sec 6 of the act that all dues are to be paid by the builder before handing over the society to owners as sin, but here the builder is neither conveying the charge nor paying the taxes, The residents are worried that someday the Corp may take over the common plot to recover its dues, now what to do