September 2018 - Page 7 of 13

ADVOCATES FOR REGISTRATION OF 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:
• 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|September 15th, 2018|Uncategorized|Comments Off

ANNUAL BASIS CONSULTANCY FOR HOUSING SOCIETIES

ANNUAL BASIS CONSULTANCY FOR HOUSING SOCIETIES:-

We are dedicated Co-operative Housing Society Consultancy Located in Pune since 2007. We are expertise in the same field in and around Pune, we provide Monthly /Annual Basis Consultancy to housing societies against reasonable and standard charges for concrete solution, opinion and consultancy under our experts on following issues:-

Consultancy for Housing Societies on following issues: –

• Consultancy for Handover process of society by builder after its registration / formation.
• Consultancy for verifying Documents authentication relating to project/scheme, Society, Accounts etc…
• Consultancy for Maintaining various Registers i.e. proceeding Book / Minutes of Records, Transfer of share / Nominee Register, Ledger Book / Register etc..
• Consultancy for Laws / Byelaws and Rules made thereunder such as consultancy for various meetings i. e. M.C.M , S.G.M , A.G.M, Election of Managing Committee & procedure of issuance of Share certificate .
• Basic Consultancy for Recovery of Due maintenance defaulter member of the society i.e. issuance of Notices / Letters to him /her.
• Consultancy for nuisance caused by any member or his / her tenants / relatives.
• Consultancy for restraining illegal activities in the premises of the society.
• Consultancy for Conveyance Deed and Deemed Conveyance of the society.
• Consultancy for Miscellaneous issues and day to day affairs of the society.

Our Specialties:
1. Society Formation / Registration,
2. Conveyance Deed or Deemed Conveyance of society.

By admin|September 14th, 2018|Annual Basis Consultancy Services for Housing Societies in Pune|Comments Off

What is Alimony?

When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, spouse, dependent children and even indigent parents.
The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities.

In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.

Factors that influences the duration and amount of alimony

In a contested divorce, the alimony, its amount and tenure, depend upon the length of marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony. The other essential factors that need to be considered are:

1. Age of the spouse (or the person who is entitled to receive the alimony)
2. Economic condition or the earnings of the person who is to provide the alimony
3. The health of both spouse (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim a larger alimony on the basis of their failing health).
4. The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.

Types of Alimony / Spousal Support

Before an ex-spouse can even be eligible for alimony there has to be a valid marriage. If the marriage ended in annulment or was considered void, generally, there is no legal basis for awarding alimony unless state statutes provide otherwise.

Alimony awards can come in a variety of forms:
• Temporary Alimony
• Rehabilitative Alimony
• Permanent Alimony
Additionally, more than one category of award can be awarded in the same divorce action.

TEMPORARY ALIMONY
Temporary alimony is often awarded during the period the divorce proceeding is pending. This type of award becomes necessary due to the length of time. It could take before the final decree is issued and a permanent alimony award is made.

REHABILITATIVE ALIMONY
Generally, rehabilitative alimony is used to support the spouse during a period of retraining or re-education for re-entry into the workforce, thereby enabling the spouse to become self-supporting in not too distant future. Since it provides a temporary fix to help the party regain marketable skills, it can be classified as another form of temporary alimony.

The courts are more compelled to award this type of alimony where the spouse seeking it, has some potential for establishing a viable career.

PERMANENT ALIMONY
Permanent alimony becomes effective upon the final dissolution of the marriage. Additionally, it can come in various forms:
• Periodic payments (often monthly)
• Lump sum payments
• Annuity payments
• Trust payments
• In-kind payments (e.g., making direct payment for services)

Despite the seemingly permanent nature of this type of award, it usually does not last forever (i.e., until the recipient’s death). In most jurisdictions there is no prescribed period for alimony payments. For instance, the California statute which deals with the duration of alimony states:

Despite the nomenclature, courts consider various factors before making the decision as to which party, if any, should be entitled to alimony.

FACTORS IN ALIMONY/SPOUSAL SUPPORT

Alimony awards are generally based upon the needs and abilities of each party, using factors such as:
• Age of the parties;
• Health and physical condition of the parties;
• The earning capacity of the parties(e.g., taking into account the supported spouse’s marketable skills vis-à-vis the current job market for those skills);
• Present income of the parties;
• The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party;
• The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living;
• The duration of the marriage;
• The needs of each party based on the standard of living established during the marriage; and
• The jurisdiction of the marriage (in some jurisdictions).
When divorce statutes were fault-based, there were two additional factors courts considered: (1) degree of fault and (2) maintenance of status.

ENFORCEMENT OF ALIMONY AWARDS

An alimony award is essentially a court order, thereby making payment mandatory—based on the dictates of the order. If the payor fails to fulfill those obligations, he or she will be in contempt of court. As such, the court can take the necessary steps to compel the payor to comply with the order. Specifically, courts can choose either to pursue a civil or criminal proceeding against the scofflaw.

A civil proceeding has an underlying purpose of getting the delinquent payor to make the required payments rather than punishing the delinquent payor. Conversely, a criminal proceeding is used to punish the offender, which usually results in the imposition of some jail time. Remedies for nonpayment can include:

• Imprisonment for a prescribed period of time (despite the threat of imprisonment, many jurisdictions are unwilling to throw their debtors in jail)
• Judgment against the non-complying party (also enforceable in other states under the doctrine of full faith and credit)
• Seizure of property such as tax refunds
• Liens on real property
• Wage garnishments
If the reason behind nonpayment is due to an inability to pay, that argument can be advanced in a petition for modification of the award.

THE OBLIGATIONS IN ALIMONY AFTER DIVORCE

Once the order for alimony is directed, the one who pays support must continue to do so until the receiving partner weds again. If there are defaulting payments, such lapses or not delivering on the right date, one faces repercussions. This may include ordering the employer of the husband to deduct the spousal alimony from his monthly salary and make a direct recompense to his wife. One may also face contempt of court.
HOW ALIMONY IS DECIDED

Wife is earning
When the wife earns her own money, the law investigates the financial condition of the husband. If the husband is very prosperous then he is ordered to pay alimony to his ex-wife.

When the wife is non-earning
When the wife is non-earning, she is entitled to be paid alimony, which enables her to live on par with her husband’s financial status. The idea is to equalize the financial position of both spouses.

If the wife remarries
The husband is exonerated from paying his ex-wife alimony if she remarries. However, he will be liable to continue payment for the children.

Husband is jobless because of disability
In circumstances where the husband is sick, disabled or unable to earn a living, the wife pays alimony to her husband.

Duration of the marriage
Usually if the marriage is 10 years of age, the spousal support has to be life-long.

Age of spouse
The court takes into account the age of the spouse to be paid alimony. If he/she is young and has excellent career prospects, there is a possibility of a future job and income to support them. In this instance, the period of maintenance paid is shortened

By admin|September 14th, 2018|What is Alimony?|Comments Off

Audits & Accounts for Co-op. Housing Society, Pune

We offer professional audits & accounting services in and around Pune with a team of experienced and diverse professionals. Our distinguishing feature is that we are service driven and strive at all times to be a one-stop solution for our clients’ audits and accounting business advisory requirements. We make a strong commitment to our clients, and have a vested interest in their finance related management.

The scope of audit in case of a Co-operative Housing Society

As per section 81(2) of the MCS Act, 1960, following are the scope of the auditors:

The audit under sub-section (1) shall “be carried out as per Auditing Standards notified by the State Government from time to time and shall also”; include examination or verification of the following items, namely

• Over dues of debts, if any;
• Cash balance and securities and a valuation of the assets and liabilities of the society
• Whether loan and advances and debts made by the society on the basis of security have been properly secured and the terms on which such loans and advances are made or debts are incurred are not pre-judicial to the interest of the society and its members.
• Whether transactions of the society which are presented merely by book entries are not prejudicial to the interest of the society.
• Whether loans and advances made by the society have been shown as deposits;
• Whether personal expenses have been charged to revenue account
• Whether the society has incurred any expenditure in furtherance of its objects;
• Whether the society has properly utilized the financial assistance granted by government or Government undertakings or financial institutions, for the purpose for which such assistance was granted;
• Whether the society is properly carrying out its objects and obligations towards members

By admin|September 14th, 2018|Uncategorized|Comments Off

DOORSTEP LEGAL ADVICE IN PUNE

DOORSTEP LEGAL ADVICE/CONSULTANCY –

LEGAL ADVICE AT HOME ON FAMILY MATTER/DIVORCE MATTER

VED LEGAL provides doorstep telephonic and online legal solution to following matrimonial issues/cases:-

1. For Divorce Matters
2. For Mutual Consent Divorce matters
3. For Restitution of conjugal rights matters
4. For Domestic Violence matters
5. For Custody of Child
6. For Permanent Alimony and Maintenance matters

By admin|September 14th, 2018|DOORSTEP LEGAL ADVICE IN PUNE|Comments Off

SOCIETY FORMATION AND HANDOVER PROCESS BY BUILDER

The Registration process and requirements are governed by Maharashtra State Co-operative Society Act 1960.

To Register Co-op. Housing Society, Minimum 10 member are required.

Less than 10 members Societies are also Registered as per M.S.Govt. Ordinance No. 1094 and 277/14 Dated 10/03/1995. But such member’s flats should be less than 700 Sq.ft. Carpet Area

As per M.S. Govt. Notification dated 24/07/1992 conditions for registrations are liberalized.

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
• Notice to Builder
• Application form “A”
• Information in Annexure ” A ” ” B ” ” C ”
• Bye-Law of the Society 2 copies
• Details of Accounts Annexure ” D ”
• Bank Balance Certificate in Original
• Namuna 6
• Agreement of 1 Flat
• Advocate Search Report [Title Certificate]
• Society’s Building Plan
• Lay Out Plan
• Sanction Plan from Authority
• Commencement Certificate
• Completion Certificate
• Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized
• Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized
• Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized
• Latest 7/12 or City Survey Revenue Record of Land [not more than 1 month old]
• Promoters Affidavit On Rs. 100/- Stamp paper & notarized
• Indemnity Bond On Rs. 100/- Stamp paper & notarized
• NA Order
• ULC Order
• Development Agreement and Power of Attorney
• List of Members in the society
• Scheme/Yojana Form
• Registration Fee Challan for Rs.2500
• Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy

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 members 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.

By admin|September 14th, 2018|SOCIETY FORMATION AND HANDOVER PROCESS BY BUILDER|Comments Off

FORMATION OF A NEW HOUSING SOCIETY

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.

By admin|September 14th, 2018|FORMATION OF A NEW HOUSING SOCIETY|Comments Off

A COMPLETE GUIDE TO DEEMED CONVEYANCE

Most of the flat-owners of the newly constructed Societies/apartments do not have their sale deeds or conveyance deeds. Mostly in the newly constructed buildings, the builders provide for forming a housing co-operative society to which they shall transfer their interest in the property. Then the builders form the society but do not transfer the title of the property (read ownership) to the flat-owners or the society till he has transferred all the rights in the building/ Societies/apartments. Thus the builders/promoters are benefiting from the buyers lack of awareness and information.

To curb this practice, amendments were carried out in the Maharashtra Ownership Flats Act, 1963, in 2008 to appoint a Competent Authority (Registrar of Co-operative Housing Societies) to hear the grievances of such Societies/apartments owners and to safeguard their interest by executing deemed conveyance of such societies u/s 11(3) of Maharashtra Ownership Flats Act, 1963.

Ved Legal is having enough experience to deal with these kinds of Deemed Conveyance of Co-operative Housing Societies, in and around pune. Any aggrieved society or apartment holder can get resolution from us in regards of the same.

MEANING OF CONVEYANCE:

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).

MEANING OF DEEMED CONVEYANCE:

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.

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

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.

1. The Builder/Developer may mortgage the property purchased by you as he is the legal owner and holding the Title Deeds of the Property.

2. The Builder/Developer may tap the benefits in case the building is later taken up for redevelopment or if the plot has some un-utilized floor space index.

3. The Builder may make profit by sale of open spaces, gardens, terrace, parking space belonging to the Society.

4. The Builder may demand a huge amount from the Society, if Conveyance is sought by the Society after a lapse of many years.

5. 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.

CONDITIONS PRECEDENT FOR GETTING A DEEMED CONVEYANCE:

There are certain important conditions which need to be fulfilled to go ahead for deemed conveyance, some of them are:

1. At least 60% of the flats in that scheme should be sold.

2. A Co-operative Society or Association of Persons should have been formed of the flat-owners and at least 3-4 months should have been passed since then.

3. There should be communication between the builder and the society or AOP regarding Deemed Conveyance wherein the builder should have made a promise of completion of conveyance or refused to do the same.

PROCEDURE FOR FILING AN APPLICATION 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 papers required for doing Deemed Conveyance are as follows:

o Application Form 7 to the District Deputy Registrar, Co-operative Societies, affixing a court fee stamp of Rs 2,000 on the application
o Affidavit made before the Notary or Executive Magistrate True copy of the Society Registration Certificate
o Stamp duty paid and registered agreement copy of 1 individual flats/ shops with Builder/Developer
o List of members in prescribed format
o Index-II for each member as issued by the Sub-Registrar of Assurance
o Copy of the Development Agreement between land owner and builder
o Copy of the Power of Attorney between land owner and builder
o Copy of the legal notice issued to the original owner or developer for doing conveyance
o Details of corresponding address telephone number etc. of the original owner or developer
o Draft conveyance deed/ Declaration proposed to be executed in favour of the applicant

Documents to be obtained from City Survey Office, for submission:
o City (CTS) Survey plan
o Property Registration Card or
o 7/12 extract of the land
o Village form 6 (Mutation entries from Revenue Office)

Documents to be obtained from the Collector’s Office, for submission:
o Copy of the Non-Agricultural Order
o Certificate of the exclusion from Land Ceiling Act (ULC) Certificate

Documents to be obtained from the concerned Municipal Authority Office, for submission:
o Copy of the approved plan
o IOD
o Commencement Certificate
o Building Completion certificate
o Occupation Certificate (not compulsory)
o Property taxes paid
o Location plan of the building

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

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.

PROCEDURE:
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

2. 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.

3. 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.

4. 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.

5. 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.

By admin|September 14th, 2018|A complete guide to Deemed Conveyance|Comments Off

Advocates for agreement in Aurangabad

Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..
There are various ways through which you can transfer a property that you own. It could be by way of sale, Will or gift. A commonly used method, especially when transferring to a family member or friend, is executing a gift deed in favour of the recipient. Though no monetary transaction is involved, it is still necessary to register the gift deed to make the transfer valid.
1) At time of Sale of Immovable Property, we come across the market value of the property. What exactly is the meaning of market value of property?
It means the price which such property would have fetched if sold in open market on the date of execution of such Document or the consideration stated in the document whichever is higher. However the Stamp office uses Ready Reckoner for referring to prevalent value of the property.
Stamp Duty is paid on the Market Value of the property and not on the amount of consideration stated in the Document.
2) Why Stamp duty is required to be paid?
It is kind of Tax like Sales Tax or Income Tax. And it must be paid in full and on time to the government. When there is a delay in payment, penalties are imposed. If it is properly paid as per the approved rate and after ascertainment of market value of the property, then the instrument / document/ agreement is treated as duly stamped document which can be admitted as evidence in any lawful transaction or in the court. if they are not properly stamped, Court or the Competent Authority may impound the same or will not be accepted as evidence.

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

By admin|September 12th, 2018|Advocates for agreement in Aurangabad|Comments Off

Advocates for agreement in Nashik

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

By admin|September 12th, 2018|Advocates for agreement in Nashik|Comments Off

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