Section 16 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

If, within sixty days of the date of damage to or destruction of 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 does not proceed to repair, reconstruct or rebuild 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 owned in
common, which shall appertain to each apartment
owner, 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 apartments
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 owner, 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
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percentage 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.