Legal Question in Real Estate Law in India

Facts : In a Registered sale agreement for sale between the Owner and the Purchaser, there is clause as follows:

"The Owner has informed the Purchaser/s that the Owner may subject the said plot and the said building either to the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sales, Management and Transfer) Act, 1963 (MOFA) or the Maharashtra Apartments Ownership Act, 1970 (MAOA) at their sole and absolute discretion and the Purchaser/s has/have agreed thereto. In case the Owner subjects the said plot and the said building to the provisions of MOFA, then in such an event, this Agreement shall be deemed to be the requisite Agreement under Section 4 of MOFA and if the Owner subjects the said plot and the said building to the provisions of MAOA, then in such an event this Agreement shall be deemed to be a Deed of Transfer under the provisions of the MAOA. The Owner shall communicate their decision to the Purchaser/s to subject the said plot to the provisions of either MOFA or MAOA as aforesaid before handing over possession of the said flat/shop/unit to the Purchaser/s."

Now the Owner wants to create a condominium under MAOA and not a society under MOFA. However the purchasers (members) are not willing for condominium under MAOA and want to form a society under MOFA. It will be at whose discretion and under which legal binding

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