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Procedure For Deemed Conveyance

After the above mentioned conditions are fulfilled, the following steps shall be taken:

 

  • Write a letter /email to builder/ promoter requesting him to provide a draft of the SALE DEED/ CONVEYANCE DEED or providing the draft to him and requesting him to sign the same.
  • If the Builder rejects or postpones the same, send him a legal notice through an advocate requesting for the same.
  • Even then if the builder refuses, File an application with the Registrar of Co-operative Societies together with all the relevant documents and 2000 Rs. Court stamp fees.
  • Self-attestation all the copies enclosed (by the society)
  • The Competent Authority will assess the application and if any documents are missing he will ask the applicant to correct the mistake within fifteen days.
  • Thereafter, notice would be sent to the promoter and the land owners.
  • After receipt of the notice by the land owners and the promoters, the authority will hear both parties in the first hearing and ask both parties to produce further evidences in next hearing.
  • Thereafter, second hearing would be held and if the builder or landowners do not attend both first and second hearing then the authority will pass an exparte order.
  • Thereafter, the third and final hearing would be held and the authority would be held and order would be passed unless a legal question is raised.
  • Normally the whole process is completed within a period of 6 months.

 

DOCUMENTS REQUIRED:

Further, the application required to be made with the Registrar shall be accompanied by copies of certain 20 odd documents which the society shall have to prepare or get prepared.

 

The following are some of the documents required:-

  1. 7/12 Extract
  2. City Survey Map
  3. N.A Order
  4. Certificate under Urban Land Ceiling Act, 1976
  5. Draft of sale deed etc.

 

After, the Application is heard by the Registrar he may grant an order for deemed conveyance which shall then be produced before a court for execution and hence the conveyance may be done by a court order.

 

The Procedure for Deemed Conveyance involves the following Stages:

Stage 1- Preparation for Deemed Conveyance
During this stage the Managing Committee prepares the Members of the Co- Operative Housing Society for Deemed Conveyance.

Stage 2- Documentation for Deemed Conveyance
During this stage the Documents Required for Deemed Conveyance are collected/ organized & the Case is prepared.

Stage 3- Legal Case for Deemed Conveyance
During this stage the case is filed before the Competent Authority & after contesting the same the Order & Certificate upholding the right of Deemed Conveyance of the Society is obtained.

Stage 4- Registration of Deemed Conveyance
During this stage the Deemed Conveyance Deed is Adjudicated, properly Stamped & Registered.

Stage 5- Transfer of Property after Deemed Conveyance
During this stage the Society Name is incorporated in the Land Revenue Records.

Let’s discuss each step in detail:

  1. Preparation for Deemed Conveyance:

In this stage the managing committee needs to pass resolution to undergo deemed conveyance. A Special General Meeting is scheduled with prior notification and consent of all the members is obtained to move ahead.

During this SGM the following Resolutions are typically passed.

  1. Resolution for going ahead with Deemed Conveyance
  2. Resolution for Appointment of Authorized Representative
  3. Resolution for Appointment of Legal Consultant for Deemed Conveyance
  4. Resolution for Per Member Contributions

 

  1. Documentation for Deemed Conveyance:

This is the most crucial step in obtaining deemed conveyance. It is a very meticulous job and make sure all the documents are lined up within the right format. You would require land revenue records, municipal corporation records, society records, property development records and professional certificates.

All these documents can be obtained from various departments such as Land revenue records from City Survey Office, Tahasildar/ Talathi Office & District Collector Office, municipal corporation records from Building Proposal Department of the Municipal Corporation. Society records and certificates can be obtained from society offices and professionals.

Once all the documents are lined up, society needs to fill in Deemed Conveyance Application- Form VII and attached all the related documents. In case of deemed conveyance, a legal notice is sent to the developer for their consent. In regular conveyance procedures, since the developers or promoters are willingly providing the rights lot of documents can be easily recovered from them.

Once the form is filled up and all documents are annexed it is submitted to the Competent Authority- the District Deputy Registrar of Co- Operative Societies of the particular District.

 

  1. Legal Case for deemed conveyance:

Once the application is submitted to the authorities they issue Deemed Conveyance Scrutiny Report- Form VIII within 1 month. Once the compliance is provided the authorities issues Summons & Newspaper Notices to the Land Owners & Property Developers for appearing for the hearing.

During the hearing process authorities take into consideration the arguments of the both parties. The process takes place within 3-4 months. Once all the arguments are documented the office issues a Deemed Conveyance order within 1 month. The whole process is completed within 6 months as this is a time bound activity.

 

  1. Registration of deemed conveyance:

A deemed conveyance deed is created during this phase and is signed by both societies and developers. If developers do not appear for hearing in the prior stage (Which is the case in deemed conveyance), authorities have the power to sign the deed on behalf of developers.

The society needs to conduct a meeting and appoint 3 members to sign the deed. Post that the deed is submitted to district stamp office for adjudication. If all the members have paid their stamp duty and if there is no balance FSI, the office issues adjudication certificate. (Note – Deed only requires Rs 100 stamp duty). The adjudication certificate needs to be then franked from local bank and resubmitted to registration office.

The registration office then issues notice to land owner/developer to verify if there is any stay order against the deed of conveyance. (Note – The developer can get the stay order only from high court). If there is no stay order the deed of deemed conveyance is registered and then the office issues scanned documents and Index II. This mark end of registration process and the society becomes the owner of the land and structure.

 

  1. Transfer of property:

In this phase a new application is submitted to various departments to make mutation entries in their records. This would make the process complete.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

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List of Documents Required for Deemed Conveyance

Once you have completely understood what is Deemed Conveyance and how your apartment complex can apply for it, there is lots of paperwork which is involved. If you are using an apartment management software like ApartmentADDA, most of these would have been uploaded by your managing committee members.

 

The papers required for doing Deemed Conveyance are as follows:

  • Application Form 7 to the District Deputy Registrar, Co-operative Societies, affixing a court fee stamp of Rs 2,000 on the application
  • Affidavit made before the Notary or Executive MagistrateTrue copy of the Society Registration Certificate
  • Stamp duty paid and registered agreement copies of all individual flats/ shops
  • List of members in prescribed format
  • Index-II for each member as issued by the Sub-Registrar of Assurance
  • Copy of the Development Agreement between land owner and builder
  • Copy of the legal notice issued to the original owner or developer for doing conveyance
  • Details of corresponding address telephone number etc. of the original owner or developer
  • Draft conveyance deed/ Declaration proposed to be executed in favour of the applicant

 

Documents to be obtained from City Survey Office, for submission:

  • City (CTS) Survey plan
  • Property Registration Card or
  • 7/12 extract of the land
  • Village form 6 (Mutation entries from Revenue Office)

 

Documents to be obtained from the Collector’s Office, for submission:

  • Copy of the Non-Agricultural Order
  • Certificate of the exclusion from Land Ceiling Act (ULC) Certificate

 

Documents to be obtained from the concerned Municipal Authority Office, for submission:

  • Copy of the approved plan
  • IOD
  • Commencement Certificate
  • Building Completion certificate
  • Occupation Certificate (not compulsory)
  • Property taxes paid
  • Location plan of the building

 

Documents to be obtained from other professionals, for submission:

  • Search Report of the land issued by the Solicitor/Advocate
  • Title Certificate of the Property issued by the Solicitor/Advocate (Search by minimum for last 30 years)
  • Land Measurement Map/ Architect’s Certificate (layout plan of the plot)
  • Certified copy from Panel Architect about the utilization of full FSI or FSI if any left in respect of the said property /Plot.

 

Procedure after submission of all the above documents to the Sub-Registrar:

  • After spot visit by authorized government officials, a notice would be sent to the builder
  • Builder can submit written arguement, before a formal hearing is held
  • Public notice has to be published in 2 newspapers, of which one shall be in Marathi.
  • If there is no response or objection to the notice, then speaking order and certificate of deemed conveyance is issued to the society
  • Once the Deemed Conveyance order with Conveyance deed is executed, the index II has to be obtained and submitted to the Talati office or City Survey office to incorporate the name of the society in the 7/12 extracts or in the property card as the case may be and/ or both.
  • If society did not have an OC while applying for deemed conveyance, it is compulsory for the society to obtain an OC from BMC, after the deemed conveyance is obtained.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

 

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Conveyance Vs Deemed Conveyance

Conveyance Deed is a document executed to transfer the title of land and building in favour of Society.

MEANING OF DEEMED CONVEYANCE:

 

The Promoter (Builder/ Developer) is legally required to convey the land and the building within 4 months of formation to the society or any legal body of the flat purchasers. However, it has been the experience that many promoters (Builders/Developers) have not conveyed the land and building to the legal bodies. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies. Under the provision, deemed conveyance means after the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body and to bring the same in the revenue record, a Competent Authority has been designated who will hear the parties on the basis of applications received from the aggrieved party and transfers the title in favour of the legal body by passing the necessary order and deemed conveyance certificate and appoint an authorised officer to execute the conveyance deed in favour of the society and execute on behalf of non co-operative builder or the land owner. Getting the title of land and building by adopting the above procedure is known as deemed conveyance.

 

DIFFERENCE BETWEEN THE DEEMED CONVEYANCE AND THE REGULAR CONVEYANCE

In case of regular conveyance, the builder/ Developer/ Landowner prepares a conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without any problem, the legal bodies get the conveyance with the co-operation of the builder/ landowner.

 

In case of deemed conveyance, the builder/ land owner or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who don’t want to part with the land and the building in favour of the society.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

 

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Conveyance Services for Societies

Conveyance refers to the transfer of ownership or other interest in the property to the other party. Conveyance Deed is a document executed to transfer the title of land and building in favour of Society or Association of Persons (AOP). A deemed conveyance means when the builder/ promoter/ developer of the project refuses to sign the conveyance deed the court can sign the same on behalf of the builder and record the same in the government records.

 

WHEN IS THERE A NEED FOR DEEMED CONVEYANCE:

In a situation when a promoter or owner of residential premises/ buildings does not transfer/convey the ownership of the flats to the housing society or association of persons (AOP), the society or AOP can make an application to Registrar of Co-operative Housing Societies, to transfer the ownership of the said flats to them. This process is carried on through Deemed Conveyance of the title of the buildings and land in favour of the Society or AOP without the need of the builder to do so.

 

IMPORTANCE AND PROVISION OF LAW ON CONVEYANCE:

As per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance; and if Conveyance is not given by the Builder within four months from the date of registration of the Society, a case can be filed against the Builder to obtain the Conveyance. As per Section 13 of Maharashtra Ownership Flats Act, 1963, failure to give Conveyance is an offence and the Builder can be imprisoned up to 3 years or fined or both.

 

ADVANTAGES OF CONVEYANCE:

  1. Getting a proper and legal title in the name of the Society.
  2. Retaining the additional FSI as per the Government announcements.
  3. Property will be free and marketable.
  4. Society can raise the loans for repairs and reconstruction by mortgage.
  5. Permission from planning authorities is possible if the building has to be reconstructed at a later date due to dilapidation of the structure due to age or by earthquake.
  6. Society can take the benefit of TDR.
  7. Members can receive compensation from Builder on redevelopment of the building.

 

 DISADVANTAGES OF NOT HAVING CONVEYANCE DEED

  1. Even though you have purchased ownership flat, you are not the owner of the land and building. 2. In the event of a building collapse or damage to the building, you cannot reconstruct the building without the permission of the Builder / Land owner.
  2. The Builder/Developer may mortgage the property purchased by you as he is the legal owner and holding the Title Deeds of the Property.
  3. The Builder/Developer may transfer the FSI/ TDR to his other projects and enjoy the commercial benefits, depriving the flat purchasers/Society of its legal entitlement.
  4. The Builder may make profit by sale of open spaces, gardens, terrace, parking space belonging to the Society.
  5. The Builder may demand a huge amount from the Society, if Conveyance is sought by the Society after a lapse of many years.
  6. The Builder may sell the entire Development Rights and the Legal Rights on the land to third party and create a third party interest in the Property and the Society will have to incur a huge amount to clear the same.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

 

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Lawyers for Deemed Conveyance Process in Pune

Conveyance means to transfer or convey anything to another person. In the legal sense Conveyance refers to the transfer of ownership or other interest in the property to the other party. Conveyance Deed is a document executed to transfer the title of land and building in favour of Society or Association of Persons (AOP). A deemed conveyance means when the builder/ promoter/ developer of the project refuses to sign the conveyance deed the court can sign the same on behalf of the builder and record the same in the government records.

 

WHEN IS THERE A NEED FOR CONVEYANCE:

In a situation when a promoter or owner of residential premises/ buildings does not transfer/convey the ownership of the flats to the housing society or association of persons (AOP), the society or AOP can make an application to Registrar of Co-operative Housing Societies, to transfer the ownership of the said flats to them. This process is carried on through Deemed Conveyance of the title of the buildings and land in favour of the Society or AOP without the need of the builder to do so.

 

IMPORTANCE AND PROVISION OF LAW ON CONVEYANCE:

As per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance; and if Conveyance is not given by the Builder within four months from the date of registration of the Society, a case can be filed against the Builder to obtain the Conveyance. As per Section 13 of Maharashtra Ownership Flats Act, 1963, failure to give Conveyance is an offence and the Builder can be imprisoned up to 3 years or fined or both.

 

ADVANTAGES OF CONVEYANCE:

  1. Getting a proper and legal title in the name of the Society.
  2. Retaining the additional FSI as per the Government announcements.
  3. Property will be free and marketable.
  4. Society can raise the loans for repairs and reconstruction by mortgage.
  5. Permission from planning authorities is possible if the building has to be reconstructed at a later date due to dilapidation of the structure due to age or by earthquake.
  6. Society can take the benefit of TDR.
  7. Members can receive compensation from Builder on redevelopment of the building.

 

 DISADVANTAGES OF NOT HAVING CONVEYANCE DEED

  1. Even though you have purchased ownership flat, you are not the owner of the land and building. 2. In the event of a building collapse or damage to the building, you cannot reconstruct the building without the permission of the Builder / Land owner.
  2. The Builder/Developer may mortgage the property purchased by you as he is the legal owner and holding the Title Deeds of the Property.
  3. The Builder/Developer may transfer the FSI/ TDR to his other projects and enjoy the commercial benefits, depriving the flat purchasers/Society of its legal entitlement.
  4. The Builder may make profit by sale of open spaces, gardens, terrace, parking space belonging to the Society.
  5. The Builder may demand a huge amount from the Society, if Conveyance is sought by the Society after a lapse of many years.
  6. The Builder may sell the entire Development Rights and the Legal Rights on the land to third party and create a third party interest in the Property and the Society will have to incur a huge amount to clear the same.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

 

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Advocates for Deem Conveyance Process in Pune

Conveyance means to transfer or convey anything to another person. In the legal sense Conveyance refers to the transfer of ownership or other interest in the property to the other party. Conveyance Deed is a document executed to transfer the title of land and building in favour of Society or Association of Persons (AOP). A deemed conveyance means when the builder/ promoter/ developer of the project refuses to sign the conveyance deed the court can sign the same on behalf of the builder and record the same in the government records.

 

WHEN IS THERE A NEED FOR CONVEYANCE:

In a situation when a promoter or owner of residential premises/ buildings does not transfer/convey the ownership of the flats to the housing society or association of persons (AOP), the society or AOP can make an application to Registrar of Co-operative Housing Societies, to transfer the ownership of the said flats to them. This process is carried on through Deemed Conveyance of the title of the buildings and land in favour of the Society or AOP without the need of the builder to do so.

 

IMPORTANCE AND PROVISION OF LAW ON CONVEYANCE:

As per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance; and if Conveyance is not given by the Builder within four months from the date of registration of the Society, a case can be filed against the Builder to obtain the Conveyance. As per Section 13 of Maharashtra Ownership Flats Act, 1963, failure to give Conveyance is an offence and the Builder can be imprisoned up to 3 years or fined or both.

 

ADVANTAGES OF CONVEYANCE:

  1. Getting a proper and legal title in the name of the Society.
  2. Retaining the additional FSI as per the Government announcements.
  3. Property will be free and marketable.
  4. Society can raise the loans for repairs and reconstruction by mortgage.
  5. Permission from planning authorities is possible if the building has to be reconstructed at a later date due to dilapidation of the structure due to age or by earthquake.
  6. Society can take the benefit of TDR.
  7. Members can receive compensation from Builder on redevelopment of the building.

 

 DISADVANTAGES OF NOT HAVING CONVEYANCE DEED

  1. Even though you have purchased ownership flat, you are not the owner of the land and building. 2. In the event of a building collapse or damage to the building, you cannot reconstruct the building without the permission of the Builder / Land owner.
  2. The Builder/Developer may mortgage the property purchased by you as he is the legal owner and holding the Title Deeds of the Property.
  3. The Builder/Developer may transfer the FSI/ TDR to his other projects and enjoy the commercial benefits, depriving the flat purchasers/Society of its legal entitlement.
  4. The Builder may make profit by sale of open spaces, gardens, terrace, parking space belonging to the Society.
  5. The Builder may demand a huge amount from the Society, if Conveyance is sought by the Society after a lapse of many years.
  6. The Builder may sell the entire Development Rights and the Legal Rights on the land to third party and create a third party interest in the Property and the Society will have to incur a huge amount to clear the same.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

 

By |December 18th, 2017|Advocates for Deem Conveyance Process in Pune|Comments Off on Advocates for Deem Conveyance Process in Pune

Conveyance Deed of Society in Pune

Conveyance means to transfer or convey anything to another person. In the legal sense Conveyance refers to the transfer of ownership or other interest in the property to the other party. Conveyance Deed is a document executed to transfer the title of land and building in favour of Society or Association of Persons (AOP). A deemed conveyance means when the builder/ promoter/ developer of the project refuses to sign the conveyance deed the court can sign the same on behalf of the builder and record the same in the government records.

 

WHEN IS THERE A NEED FOR CONVEYANCE:

In a situation when a promoter or owner of residential premises/ buildings does not transfer/convey the ownership of the flats to the housing society or association of persons (AOP), the society or AOP can make an application to Registrar of Co-operative Housing Societies, to transfer the ownership of the said flats to them. This process is carried on through Deemed Conveyance of the title of the buildings and land in favour of the Society or AOP without the need of the builder to do so.

 

IMPORTANCE AND PROVISION OF LAW ON CONVEYANCE:

As per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance; and if Conveyance is not given by the Builder within four months from the date of registration of the Society, a case can be filed against the Builder to obtain the Conveyance. As per Section 13 of Maharashtra Ownership Flats Act, 1963, failure to give Conveyance is an offence and the Builder can be imprisoned up to 3 years or fined or both.

 

ADVANTAGES OF CONVEYANCE:

  1. Getting a proper and legal title in the name of the Society.
  2. Retaining the additional FSI as per the Government announcements.
  3. Property will be free and marketable.
  4. Society can raise the loans for repairs and reconstruction by mortgage.
  5. Permission from planning authorities is possible if the building has to be reconstructed at a later date due to dilapidation of the structure due to age or by earthquake.
  6. Society can take the benefit of TDR.
  7. Members can receive compensation from Builder on redevelopment of the building.

 

 DISADVANTAGES OF NOT HAVING CONVEYANCE DEED

  1. Even though you have purchased ownership flat, you are not the owner of the land and building. 2. In the event of a building collapse or damage to the building, you cannot reconstruct the building without the permission of the Builder / Land owner.
  2. The Builder/Developer may mortgage the property purchased by you as he is the legal owner and holding the Title Deeds of the Property.
  3. The Builder/Developer may transfer the FSI/ TDR to his other projects and enjoy the commercial benefits, depriving the flat purchasers/Society of its legal entitlement.
  4. The Builder may make profit by sale of open spaces, gardens, terrace, parking space belonging to the Society.
  5. The Builder may demand a huge amount from the Society, if Conveyance is sought by the Society after a lapse of many years.
  6. The Builder may sell the entire Development Rights and the Legal Rights on the land to third party and create a third party interest in the Property and the Society will have to incur a huge amount to clear the same.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

 

By |December 18th, 2017|Conveyance Deed of Society in Pune|Comments Off on Conveyance Deed of Society in Pune

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]

 

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Builder’s Handover Process

During the handover procedure it is important to record and file all details related to the process so that even if problems arise years later, all you need to do is look through this set of records and, accordingly, figure out what to do next.

The builder-residents society handover procedure needs to be structured, but that’s not where the process ends. There are a few things you should remember to check even after the builder hands over your society.

1)Make sure all society related issues are recorded and filed: All defects that you find should be typed as a letter with a signed acknowledgement of the same from the builder, so he is obligated to fix them. All important e-mails should be printed and kept safely for future references.

2)Make sure you make good use of the builder provided warranty period: Builders generally offer a warranty period within which defects are to be pointed out and duly fixed.

3)Form a team of volunteers to check and cross check all formalities are done correctly: Apart from the Management Committee, it is recommended that you bring together a group of residents to volunteer in making sure all necessary documents have been collected and all required formalities have been done. (To learn what documents you need during society handover, read ‘Keep a Check on These When Builder Hands Over Your Housing Society’)

4)Get a community management software to help you keep a permanent track of records: Getting a society management portal will prove significantly helpful in the overall management of your community activities in the long run. (For example: Common Floor Groups portal. With its many features such as Discussion, Complaints, My Dues, Issue Tracker, Documents repository this portal will serve as a platform to execute and manage community related activities effectively.)

5)Keep originals safely and copies separately with the Committee President: Make sure you keep originals of documents at a safe place such as the Association office and their copies with the Committee President which, when his tenure ends, are passed on to his successor.

6)Make sure you have all documents mentioned on the ‘Handover’ Checklist: Double check that you have all documents mentioned on the handover checklist in ‘Keep a Check on These When Builder Hands Over Your Housing Society’.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

 

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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.

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