December 2017 - Page 15 of 16

Best Society Formation lawyers

A co-operative society is the perfect fit for a residential building as flat-owners have common needs (water connection, watchmen, etc) and interests (maintenance of common areas, such as the terrace and compound). If you’ve purchased a flat in a new building, it would probably be best if you took interest in forming a society. The builder may also be statutorily obligated to form a society. For example, under Maharashtra Flat Ownership Act, 1963, a builder must form a society within four months of selling 60% of the flats.

But you needn’t wait for the builder to form the society. In many states, including Delhi and Maharashtra, ten flat-owners are enough to promote a co-operative housing society. A building without a housing society usually indicates that there is a dispute between members or a general lack of interest. If you’re considering buying a house in a building where the society has not been formed, find out what the problem is. If the builder does not form a society, rights to the terrace and the compound continue to rest with him.

We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.

We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.

Our specialized services include:

Initial screening
Gap identification and ratification
Process documentation and finalization
Dispute resolution
Society name reservation at respective co-operative departments
Account formation and legal documentation

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By admin|December 6th, 2017|Best Society Formation lawyers|Comments Off

Builder/ Promoter is not co-operating in registering the Co-operative Housing Society

If builder/promoter procrastinate in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the authorized officer (District Dy. Registrar in the respective district, who have given power under section 10(1) of the Maharashtra Ownership Flats Act 1963 (For making regulation for encouraging their constructions, their sale, management and transfer).

While submitting the said proposal, following documents are Necessary:

-7/12 extract of the land or property card.
-Competent Authority Certificate regarding non-Agricultural land.
-Order regarding applicable/non-applicable Land ceiling Act Map of the construction approved by the competent authority.
-Letter of given permission for construction.
-Completion certificate of Construction.
-Development Agreement if the land is taken for development.
-Power of Authority letter of the Land.
-Copy of the Title search Report.
-Agreement copy of the flat purchased.
-Architect certificate regarding construction.
-List of the Members.
-Scheme of the Society.
-Application regarding reservation of Name.
-Minimum 10 Members shall necessary for the registration of the Society.
-Application for registration of Society (A Form)
-Table containing information of the society (B Form)
-Table containing information of the members (C Form)
-Statement of Accounts of the members (D Form)
-Notarized guarantee letter of the chief promoter of society on the stamp paper of Rs. 100/-
-Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200/-
-Affidavit of the Members (Minimum 10 promoters’ Affidavit)
-Two copies of bye laws approved by the Commissioner, Co-operation and Registrar, Maharashtra State, Pune.
-Bank balance statement of the promoter members who have deposited Rs.500/- each as a share and admission fee Rs.100/- in District
-Central Co-operative Bank after getting sanction for the reservation of name in district of Rs.2500/- paid as society Registration fee in the Government Treasure.

The proposal submitted after fulfillment of above mentioned documents, the competent authority by taking hearing, issued orders to the concerned officer for registering the society.

The scrutiny of the registration proposal submitted after fulfillment of documents as mentioned above and criterion will be done after taking into consideration the instructions in the circular/ directives regarding registration issued by the Government/ Commissioner, Co-operation. It is obligatory on the concerned Registrar to make registration by considering various provisions in the Act and Rules and instructions given in the circular/ directives.

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By admin|December 6th, 2017|Builder/ Promoter is not co-operating in registering the Co-operative Housing Society|Comments Off

Builder’s Handover Process

First general body meeting (before registration)

In this meeting under Society’s Model Bye-law 3(iii), the Chief Promoter (could be the builder) is primarily selected by the promoters, who are members co-signing the registration application before the Registering Authority, under Bye-law 3(xii).

Application for registration

Normally, the name reservation proposal should be accompanied with the society resolutions and signatures of at least 10 Promoters who have attended the meeting. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the society is registered or its registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit registration proposal to the registering authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed society.

Co-operative Societies Commissioner & Registrar’s GR No. SAGRUVO/1094/Pra.Kra 277/14C dated 10 March 1995 says “By exercising the powers in section 7 of the Co-operative Societies Act 1960 the government is pleased to exempt the provision of minimum 10 members for registering co-operative Housing society under sub-clause 1 in Section 6 of the said Act subject to the conditions that the plinth area of each flat in the proposed co-operative Housing Society should not be more than 700 sq. ft and FSI should not be balance for utilization in the proposed societies land/ building.

If builder/ promoter is not co-operating in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the District Deputy Registrar, who has been given power under section 10(1) of the Maharashtra Ownership Flats Act 1963. While submitting the said proposal, a Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200 is required.

Approval by Registrar

It is the duty of the concerned Registrar to register the Co-operative Housing Society, by scrutinizing the proposal submitted after fulfillment of above mentioned documents, and shall make an arrangement of issuing certificate of registration society under Section 9(1) of the Maharashtra Co-operative Society Act 1960, and copy of the registered bye-law, memorandum regarding registration of society to the chief promoter. The order regarding registration of society should have been sent for publishing in government gazette to the Government Printing Press for appropriate action. It is necessary to take decision on the registration of the society within a period of two months from the date of the proposal of the society submitted to the Registrar.

If proposal of society registration is denied or no decision is taken within two months then it is necessary to send that proposal to the Divisional Joint Registrar, Co-operative Societies under Section 152 of the Maharashtra Co. operative societies Act, can be approached.

First General Body Meeting obligatory Agenda (after registration):

To elect a Chairman for the meeting
To admit persons to membership who have applied for membership of the society.
To elect a provisional Managing Committee
To receive and approve the statement of account as prepared by the Chief Promoter of the society up to 14 days prior to the first general body meeting of the society.
To authorize the committee to secure conveyance of right title and interest in the property in the name of the society from the promoter builder
To impose restrictions on raising loan amount from outside
To appoint internal auditor and to fix his remuneration
To authorize one of the members of the provisional committee to call the first meeting of the provisional committee
To take decision about taking membership of District Housing Federation and other institutions
To give power to one member of provisional management committee to call meeting of the managing committee
To consider the matters raised by the member except these matters which are necessary for giving advance notice with the permission of chairman and eleventh hour matter and to make resolution in that regard.

*BUILDER’S HANDOVER PROCESS:-

The date of handover from builder to the registered owners association is an important day for new apartment owners and all residents. It has to be taken seriously and detailed due diligence must be done when interacting with the builders during this handover process. Once the formal handover to the Owners Association is completed, the onus is on the association to run the affairs of the society and to ensure its smooth functioning. The association must be prepared for this day for 3+ months leading to this event.

It is recommended that owners collaboratively engage with the builder right from late construction stages that will help them to take-up this responsibility in future. The builders can also reach out to representatives from the owners group to assist in the selection of maintenance agency which prepares them for the handover process.

Based on our experience in interacting with various builders and associations, we have collated a check list that associations can use when in dialogue with the builder on the handover process:

Get approved building plan which includes block-wise and floor-wise details
Collect the Completion Certificate which ensures adherence of the approved plan
No Objection certificates from pollution, fire, water and electricity authorities
Hard copy and soft copy (in CD) of all approved engineering drawings; look for approval seal on the drawings
Registration and parent documents
Drainage, sewage, Fire protection and common area power layout drawings
Car parking layout drawings (with numbering)
Asset Inventory of all movable and immovable equipment purchased; numbered in order (list needs to be exhaustive)
Record of recent service history on key equipment’s like lifts, DG sets, STP and WTP
10.AMC and warranty details; Original bills of equipment purchased (motors, Sewage and Water Treatment Plant, Generators, Gym items like treadmill)

11.Lift license details and next renewal date

12.STP/WTP vendor details, plant layout, operation manual and drawings

13.Receipts of property, electricity and water payments paid

14.Handover of corpus amount to the association

15.Share recent expenses incurred on various maintenance activities and account heads; will assist to budget coming year (staff salaries, purchase of cleaning material, swimming pool maintenance etc)

16.Contract signed with maintenance agency; agreed SLAs

17.Insurance taken for assets and third party lift insurance

18.Audited account statement at the time of handover

Arrange for introductory meeting with important suppliers and vendors

We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.

We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.

Our specialized services include:

Initial screening
Gap identification and ratification
Process documentation and finalization
Dispute resolution
Society name reservation at respective co-operative departments
Account formation and legal documentation

FOR MORE DETAILS CALL:
VED LEGAL,
Adv. Gajanan Rahate
Mob: 9763040088
E_mail: [email protected]

By admin|December 6th, 2017|Builder’s Handover Process:-|Comments Off

List of Documents Required for Society Formation

While submitting the said proposal, following documents are Necessary:

7/12 extract of the land or property card.
Competent Authority Certificate regarding non-Agricultural land.
Order regarding applicable/non-applicable Land ceiling Act Map of the construction approved by the competent authority.
Letter of given permission for construction.
Completion certificate of Construction.
Development Agreement if the land is taken for development.
Power of Authority letter of the Land.
Copy of the Title search Report.
Agreement copy of the flat purchased.
Architect certificate regarding construction.
List of the Members.
Scheme of the Society.
Application regarding reservation of Name.
Minimum 10 Members shall necessary for the registration of the Society.
Application for registration of Society (A Form)
Table containing information of the society (B Form)
Table containing information of the members (C Form)
Statement of Accounts of the members (D Form)
Notarized guarantee letter of the chief promoter of society on the stamp paper of Rs. 100/-
Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200/-
Affidavit of the Members (Minimum 10 promoters’ Affidavit)
Two copies of bye laws approved by the Commissioner, Co-operation and Registrar, Maharashtra State, Pune.
Bank balance statement of the promoter members who have deposited Rs.500/- each as a share and admission fee Rs.100/- in District
Central Co-operative Bank after getting sanction for the reservation of name in district of Rs.2500/- paid as society Registration fee in the Government Treasure.

The proposal submitted after fulfillment of above mentioned documents, the competent authority by taking hearing, issued orders to the concerned officer for registering the society.

The scrutiny of the registration proposal submitted after fulfillment of documents as mentioned above and criterion will be done after taking into consideration the instructions in the circular/ directives regarding registration issued by the Government/ Commissioner, Co-operation. It is obligatory on the concerned Registrar to make registration by considering various provisions in the Act and Rules and instructions given in the circular/ directives.

FOR MORE DETAILS CALL:
VED LEGAL,
Adv. Gajanan Rahate
Mob: 9763040088
E_mail: [email protected]

By admin|December 6th, 2017|List of Documents Required for Society Formation|Comments Off

Housing Society Formation Pune

60 % of the Promoters are must be ready to form Co-op. Housing Society.

If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.

When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation. In this case one of the flat owners should be elected as CP for Registration purpose. In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered

All flat owners should hold meeting and elect Promoter. All power for Registrations, documentation etc. should be given to promoter. The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society

Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements. All members together also can do work for registration.

For registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar of Co-operative Department area concern in order as follow:
• Applications for Name to be reserved for Proposed Society’s
• Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
• Application form “A” 4 copies
• Information in Annexture ” A ” ” B ” ” C ” 4 copies
• Bye-Law of the Society 2 copies
• Details of Accounts Annexture ” D ” 2 copies
• Bank Balance Certificate in Original 1 copy in Original
• Agreement of Flat 1 copy
• Advocate Search Report 2 copy [Title Certificate]
• Society’s Building Plan 2 copies
• Lay Out Plan 2 copies
• Sanction Plan from Authority 2 copies
• O.C / C.C copy 2 copies
• Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 1 copy
• Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized 1 copy
• Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized 1 copies
• 7/12 or City Survey Revenue Record of Land [not more than 1 month old] 1 copy
• Promoters Affidavit On Rs. 100/- Stamp paper & notarized 1 copy
• Indemnity Bond On Rs. 100/- Stamp paper & notarized 1 copy
• NA Certificate / ULC 2 copy
• Plot area Land Map 2 copies
• Scheme
• Registration Fee Challan for Rs.2500 1 copy original
• Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy
• CP Affidavit for Child Labour on Rs. 100/- Stamp paper & notarized 1copy

On submission of above document the Dy./Asst. Registrar will go through the papers And document. If found OK he will make order for issue of Registration Certificate.

If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.

Registration Certificate is issued with covering letter and Officer’s name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee [PWC] whose working period will be ONE Year. After electing PWC the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer’s name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter] After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.The new WC election can conduct before PWC time over with proper election process. WC also has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar

When application for Name reservation of Society has given, the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each] and Member ship Fees of Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First Annual General Body Meeting the Bank Account has to transfer in the name of Society. For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [Collection and Payment are handled by Treasure when Billing Clerk or Accountant are not been kept.

FOR MORE DETAILS CALL:
VED LEGAL,
Adv. Gajanan Rahate
Mob: 9763040088
E_mail: [email protected]

By admin|December 6th, 2017|Housing Society Formation Pune|Comments Off

Cooperative Societies Registration in Pune

*SOCIETY FORMATION AND HANDOVER
60 % of the Promoters are must be ready to form Co-op. Housing Society.
If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.
When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation. In this case one of the flat owners should be elected as CP for Registration purpose. In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered
All flat owners should hold meeting and elect Promoter. All power for Registrations, documentation etc. should be given to promoter. The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society
Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements. All members together also can do work for registration.
For registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar of Co-operative Department area concern in order as follow

Applications for Name to be reserved for Proposed Society’s
Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
Application form “A” 4 copies
Information in Annexture ” A ” ” B ” ” C ” 4 copies
Bye-Law of the Society 2 copies
Details of Accounts Annexture ” D ” 2 copies
Bank Balance Certificate in Original 1 copy in Original
Agreement of Flat 1 copy
Advocate Search Report 2 copy [Title Certificate]
Society’s Building Plan 2 copies
Lay Out Plan 2 copies
Sanction Plan from Authority 2 copies
O.C / C.C copy 2 copies
Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized 1 copies
7/12 or City Survey Revenue Record of Land [not more than 1 month old] 1 copy
Promoters Affidavit On Rs. 100/- Stamp paper & notarized 1 copy
Indemnity Bond On Rs. 100/- Stamp paper & notarized 1 copy
NA Certificate / ULC 2 copy
Plot area Land Map 2 copies
Scheme
Registration Fee Challan for Rs.2500 1 copy original
Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy
CP Affidavit for Child Labour on Rs. 100/- Stamp paper & notarized 1copy

All this forms are available at your District Co-operative Housing Society Federation.
On submission of above document the Dy./Asst. Registrar will go through the papers And document. If found OK he will make order for issue of Registration Certificate.

If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.

Registration Certificate is issued with covering letter and Officer’s name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee [PWC] whose working period will be ONE Year. After electing PWC the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer’s name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter] After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.The new WC election can conduct before PWC time over with proper election process. WC also has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar

When application for Name reservation of Society has given, the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each] and Member ship Fees of Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First Annual General Body Meeting the Bank Account has to transfer in the name of Society. For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [Collection and Payment are handled by Treasure when Billing Clerk or Accountant are not been kept.

FOR MORE DETAILS CALL:
VED LEGAL,
Adv. Gajanan Rahate
Mob: 9763040088
E_mail: [email protected]

By admin|December 6th, 2017|Cooperative Societies Registration in Pune|Comments Off

Advocates for Society Registration and Formation

A co-operative society is the perfect fit for a residential building as flat-owners have common needs (water connection, watchmen, etc) and interests (maintenance of common areas, such as the terrace and compound). If you’ve purchased a flat in a new building, it would probably be best if you took interest in forming a society. The builder may also be statutorily obligated to form a society. For example, under Maharashtra Flat Ownership Act, 1963, a builder must form a society within four months of selling 60% of the flats.

But you needn’t wait for the builder to form the society. In many states, including Delhi and Maharashtra, ten flat-owners are enough to promote a co-operative housing society. A building without a housing society usually indicates that there is a dispute between members or a general lack of interest. If you’re considering buying a house in a building where the society has not been formed, find out what the problem is. If the builder does not form a society, rights to the terrace and the compound continue to rest with him.

We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.

We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.

Our specialized services include:

Initial screening
Gap identification and ratification
Process documentation and finalization
Dispute resolution
Society name reservation at respective co-operative departments
Account formation and legal documentation

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By admin|December 6th, 2017|Advocates for Society Registration and Formation|Comments Off

Advocates for Society Formation in Pune

A co-operative society is the perfect fit for a residential building as flat-owners have common needs (water connection, watchmen, etc) and interests (maintenance of common areas, such as the terrace and compound). If you’ve purchased a flat in a new building, it would probably be best if you took interest in forming a society. The builder may also be statutorily obligated to form a society. For example, under Maharashtra Flat Ownership Act, 1963, a builder must form a society within four months of selling 60% of the flats.

But you needn’t wait for the builder to form the society. In many states, including Delhi and Maharashtra, ten flat-owners are enough to promote a co-operative housing society. A building without a housing society usually indicates that there is a dispute between members or a general lack of interest. If you’re considering buying a house in a building where the society has not been formed, find out what the problem is. If the builder does not form a society, rights to the terrace and the compound continue to rest with him.

We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.

We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.

Our specialized services include:
Initial screening
Gap identification and ratification
Process documentation and finalization
Dispute resolution
Society name reservation at respective co-operative departments
Account formation and legal documentation

FOR MORE DETAILS CALL:
VED LEGAL,
Adv. Gajanan Rahate
Mob: 9763040088
E_mail: [email protected]

By admin|December 6th, 2017|Advocates for Society Registration and Formation|Comments Off

Advocates for register a new housing society

A co-operative society is the perfect fit for a residential building as flat-owners have common needs (water connection, watchmen, etc) and interests (maintenance of common areas, such as the terrace and compound). If you’ve purchased a flat in a new building, it would probably be best if you took interest in forming a society. The builder may also be statutorily obligated to form a society. For example, under Maharashtra Flat Ownership Act, 1963, a builder must form a society within four months of selling 60% of the flats.

But you needn’t wait for the builder to form the society. In many states, including Delhi and Maharashtra, ten flat-owners are enough to promote a co-operative housing society. A building without a housing society usually indicates that there is a dispute between members or a general lack of interest. If you’re considering buying a house in a building where the society has not been formed, find out what the problem is. If the builder does not form a society, rights to the terrace and the compound continue to rest with him.

We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.

We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.

Our specialized services include:

1. Initial screening
2. Gap identification and ratification
3. Process documentation and finalization
4. Dispute resolution
5. Society name reservation at respective co-operative departments
6. Account formation and legal documentation

FOR MORE DETAILS CALL:
VED LEGAL,
Adv. Gajanan Rahate
Mob: 9763040088
E_mail: [email protected]

By admin|December 6th, 2017|ADVOCATES FOR REGISTER A NEW HOUSING SOCIETY|Comments Off

Frequently asked Questions about Deemed Conveyance

Frequently asked Questions about Deemed Conveyance

Q.1) What is Conveyance?

Ans. Granting of Lease or Transfer of lease of land by CIDCO to Co-Operative Housing Society or to an Apartment Owners Association or a Company is known as Conveyance.

Q.2). How Conveyance is done?

Ans. For granting of lease by CIDCO, a detailed procedure is available with Estate Department. For transfer of lease by CIDCO, a Tripartite Agreement bearing signatures of Transferor, Transferee and CIDCO Authority has to be executed. The agreement should be properly stamped and registered in Stamp Duty Registrar’s office. Appropriate charges (transfer charges, service charges, water charges etc.) of CIDCO have to be paid. After this procedure, transfer of lease i.e Conveyance is completed.

Q3). What is the Deemed Conveyance?

Ans. In Transfer of Lease by CIDCO, if Transferor does not agree to sign the tripartite agreement, then under Section 11 of MOFA Act, 1963, the Competent Authority may grant unilateral conveyance to the Society / Apartment Owners Association / Company and register that instrument as a Deemed Conveyance after following the due procedure as per Act.

Q4). Is my Society Eligible for Deemed Conveyance?

Ans:. If your Society is registered on land leased by CIDCO in the following categories mentioned below, only then your Society is Eligible for Deemed Conveyance:-

1. Plot of land is tendered by CIDCO to an individual or company for construction of multiple tenements under MOFA Act, 1963.

2. Land is leased to PAP’s under 12.5% Scheme for development.

Q5). What is the procedure of Deemed Conveyance?

Ans:. After registration of a Society or an Apartment Owner’s Association or Company as the case may be, the promoter shall execute conveyance within four months of registration. If the promoter fails to execute the conveyance within four months, then that organization may make an application in writing to the Competent Authority with true copies of registered agreement for sale by each individual member of that organization (Society or any other) for issuing a certificate that such organization is entitled to have a unilateral deemed conveyance in their favor and have it registered.
The competent authority i.e. Joint Registrar of Co-Operative Society, CIDCO, after receiving such application will verify documents and after giving the promoters reasonable opportunities of being heard, and on being satisfied that it is a fit case for issuing certificate to the Sub-Registrar under Registration Act, 1908 for unilateral execution of Conveyance Deed conveying right, title and interest of promoter in favor of applicant and then will issue a certificate that it is fit for unilateral conveyance.
After registration of instrument, the deemed conveyance is executed. Lease will be transferred after all the necessary charges of CIDCO are paid.

Q6). What are the documents necessary to accompany an application for deemed conveyance?

Ans. List of documents required for Deemed Conveyance is as follows,

1) Application for Deemed Conveyance in Format VII
2) Society Registration Certificate
3) Chairman / Secretary Sale Agreement Copy
4) Registration Agreement copies by all Members
5) Flat & Shop owners list on society letter head
6) Agreement to Lease with CIDCO
7) Copy of Development Rights / Power of Attorney given to Builder by Villagers / Society / Owner
8) Copy of Occupancy Certificate
9) Copy of C.C.
10) Proposed Deemed Conveyance Agreement copy i.e. Deed of Assignment Deemed Conveyance.
11) Resolution passed by the managing committee for Deemed Conveyance.
12) Architect’s Certificate
13) Title Certificate
14) Plan copy
15) Rs. 2000/- required Court Fee
16) Affidavit
17) Indemnity Bond
18) Verification
19) Bandhapatra
20) Notice given to Builder & Land Owner.

Q 7). What are the Stamp Duty and Registration Charges of Sub Registrar Office?

Ans. When all individual members have paid the Stamp Duty and have registered their documents, then Stamp Duty payable is minimum and maximum registration charges are Rupees 30,000/-. The Actual Stamp Duty Charges will be computed by the adjudicating authority under Registration Act, 1908.

Q 8). What are Transfer Charges and other dues of CIDCO?

Ans: Charges of the CIDCO are as follows:

Sr. No. Carpet area in sqm. For properties in developed nodes such as Airoli, KK, Vashi, Sanpada, Juinagar, Nerul, CBD Belapur, Kharghar, Panvel For properties in other nodes such as Ghansoli, Ulwe, Kalamboli, Kamothe, Dronagiri
Apptts. including S.S Type units Shop, Office, Godown, SS type Shop cum Residential units constructed by CIDCO Apptts. including S.S Type units Shop, Office, Godown, SS type Shop cum Residential units constructed by CIDCO
1 Up to 20 14,641 29,282 13,310 26,620
2 21 to 30 22,627 45,254 18,634 37,268
3 31 to 40 30,613 61,226 23,958 47,916
4 41 to 50 43,920 87,846 35,937 71,874
5 51 to 60 59,895 1,19,790 47,916 95,832
6 61 to 70 74,536 1,49,072 59,895 1,19,790
7 71 to 80 91,608 1,83,216 71,874 1,43,748
8 81 to 100 1,27,776 2,55,552 1,01,156 2,02,312
9 101 to 150 2,23,608 4,47,216 1,77,023 3,54,046
10 151 to 200 2,67,531 5,35,062 2,23,608 4,47,216
11 200 sqm & above 3,54,036 7,08,092 2,67,531 5,35,062

Q.9).After obtaining unilateral Deemed Conveyance certificate from Competent Authority, within how many days the conveyance should be executed?

Ans: There is no time limit for execution of conveyance after obtaining unilateral Deemed Conveyance Certificate.

Q.10). If an individual member of the Society does not buy tenement/s from the promoter and if it is a resale property, then is it necessary to have the entire previous document registered?

Ans: For the purpose of Deemed Conveyance, government has dispensed with the necessity for chain of documents and relevant government resolution is available on the following link,
http://housing.maharashtra.gov.in

Q.11). After the Deemed Conveyance, is it necessary to obtain permission of CIDCO for re-development of the building?

Ans. Deemed Conveyance only allows unilateral conveyance of the ‘Lease Hold’ rights of the promoter. Rules and regulation of CIDCO imposed on the promoter remain as it is. Therefore, as per rules of CIDCO, the Society has to take necessary permission for re-development of the building.

Q 12). If Builder (Promoter) is not a member of the Society and holds some flats which are unsold, is it necessary for the Society to pay stamp duty charges regarding these flats ?

Ans. NO. As regard to the unsold flats, Society is not obliged to pay Stamp Duty to the Sub Registrar as per the Registration Act.

Q13). If a Society is formed by the people who had purchased flats from CIDCO authority, then whether Deemed Conveyance is applicable?

Ans. NO. When CIDCO sells a flat to an individual, then CIDCO comes into position of a promoter as per MOFA Act, 1963 and MOFA Act is not applicable to CIDCO. CIDGO has a mechanism of granting conveyance i.e grant of lease of plot to the Society and such a lease has been granted to number of Societies.

Q14). Does the Co-operative Housing Society get a Freehold title of the plot after obtaining the deemed conveyance?

Ans. The Co-operative Housing Society will get only Lease Hold rights of the plot after the deemed conveyance is executed. This is because all the land in Navi Mumbai acquired by GOM and vested with CIDCO for the development purpose is on lease hold basis only.

Q15). What are the benefits of Deemed Conveyance?

Ans. The Co-operative Housing Society which does not have a conveyance i.e lease of the plot, does not have a clear title of the plot on which the Society has constructed a building. Since, the Promoter (Builder) is not ready to appear before the authority for conveyance, the title of the plot is not passed on to the Society.

By executing the deemed conveyance, the Society gets a clear title of the plot. The Society can get the rights for re-construction of the building only when the deemed conveyance is executed.

By admin|December 4th, 2017|Frequently asked Questions about Deemed Conveyance|Comments Off