Selection of land for retention in ceiling area.

1[(1) Where a person or a family unit holds land in excess of the ceiling area and the whole or part of such land-

1. (a) is subject to an encumbrance, or
2. (b) answers to the description of clause (bb) of section 18, then, subject to the provisions of sub-section (1) of section 10 and section 15, such person or the family unit shall retain such land (whether that land is held as owner or as tenant) up to the extent of the ceiling area.]

1. (2) Subject to the provisions of sub-section (1), a person 2[or family unit] shall be entitled to select the lands he 3[or it] wishes to retain with himself 4[or itself], up to the ceiling area. 5[(3) In the case of a family unit, where land is held by each spouse separately, then each spouse shall subject to the provisions of sub-section (2), be entitled to select land the spouse wishes to retain with himself or herself, so however that the lands to be retained bear the same proportion in which the lands are held by each spouse before the declaration.]