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What is Conveyance Deed?

What is Conveyance Deed?

A generic term for any written document which transfers/conveys real estate property or real property interests from one party to another.

If someone willingly transfers their legal rights, title, interest and ownership of the property to another party they would need to create a document which transfers this right. Such a document is called “Deed of Conveyance”.

Now in case of housing societies the builder/promoters have to ideally create deed of conveyance and hand over it to housing societies that to within 4 months after project completion. However, due to lack of knowledge many builders do not create such documents. There have been cases where builders have later on denied to create such documents and asked additional money to provide signatures on these documents. You will find all sorts of reasons for not creating the document. This results in issues for societies in future. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) to make sure if builders run way from such responsibilities, the societies do not suffer. This amendment is called “Deemed Conveyance”. This amendment allows society owners to gain the legal rights of the land even if the builder is not willing to transfer the rights, in front of designated competent authority.

A valid conveyance deed must contain the following:

1. The actual demarcation of the property.

2. Other rights annexed to the property and its use.

3. The full chain of titles, that is, all legal rights up until the present seller.

4. The method of delivery of the property to the buyer.

5. A memo of the consideration, stating how it has been received.

6. Any further applicable terms and conditions for the full transfer of ownership rights.

Important points to consider, to ensure smooth purchase/sale of a property:

The seller is required to certify that the property is free of any legal encumbrance.

If a loan was taken against the property in question, then, the mortgage must be cleared before the deed is signed. Buyers have the option of having this checked at the local sub-registrar’s office.

The conveyance deed should state the exact date on which the property will be handed over to the buyer.

Within four months of the execution of the deed, all the original documents related to the sale of the property, need to be produced for registration before the local registrar. The deed is required to be signed by at least two witnesses.

By |March 24th, 2025|What is Conveyance Deed of Society?|Comments Off on What is Conveyance Deed?

CONVEYANCE SERVICES FOR SOCIETIES:-

CONVEYANCE SERVICES FOR SOCIETIES:-

In most of the cases people believe that a Purchase Agreement is the final document they need to own. However, a mere purchase agreement does not pass on the developer’s rights on the land to the society. Societies need to make sure they have the complete right to the land, and mere society registration and formation does not provide those rights.

A Conveyance Deed helps societies to gain the right of their land. Post this builder relinquishes his legal right on the land.

We the “VED LEGAL” provide end-to-end conveyance services to the societies including execution of Conveyance Deed, Deemed Conveyance, and Deed of Apartments. We work closely with co-operative societies and government officials and make sure the complete process is hassle free.

With our team of legal advisers and professional approach, we have handled more than 100 cases across Pune. We guide our clients through the complete process of transferring builder’s rights, allocation of additional space and finally establishment of society rights, as per the law.

Our conveyance services include:                           

Apartment formation:                                                 

• Deed of Declaration • Deed of Apartment

Co-operative Societies Conveyance: • Conveyance deed with builder’s consent     • Deemed Conveyance – without builder’s consent

By |March 24th, 2025|CONVEYANCE SERVICES FOR SOCIETIES IN PUNE-|Comments Off on CONVEYANCE SERVICES FOR SOCIETIES:-

SOCIETY FORMATION

SOCIETY FORMATION

 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).

In this meeting, necessary resolutions are passed like opening the account in a bank in the name of proposed society and for obtaining permission for reserving the name of the society. It is compulsory for SRA/ MHADA recognized societies, for the first meeting to be video-recorded.

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.

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.

Documents required for Registration

  • 7/12 extract of the land or property card.
  • Certificate concerning non-agricultural land from the competent authority
  • The order of applicable or non-applicable of land ceiling Act
  • Construction layout duly approved by the competent authority
  • Letter of sanction for starting construction
  • Certificate regarding completion of construction work
  • Development Agreement if the land is taken for development
  • Letter of Power of Attorney of the land
  • Title search report of the land
  • The registered agreement of purchases of the flat with necessary stamp duty paid
  • Architect Certificate regarding construction
  • List of Members
  • Scheme of the Society
  • Application for reserving name
  • At least ten members are necessary for registration of society. On the other hand, the government has given permission subject to some conditions for the Housing society of fewer than 10 members by exercising powers. For registration proposal, the signature of sixty percent promoters, who participated in the registration proposal is necessary.
  • If the land is given by the government or undertaking agency of the government then its guarantee letter.
  • No objection certificates from the Charitable Commissioner if the land is of Trust.
  • Certificate of the competent authority regarding non-agricultural plot
  • While registering SRA/SRD and MHADA recognized Co-operative Housing Societies, it is obligatory to fulfill the necessary papers as per instructions are given by the authorities by their circulars in addition to above criterion.
  • Application for Registering Society (A form)
  • Table giving information of society (B Form)
  • Table giving details of the members (C Form)
  • Statement of Accounts of the Members (D Form)
  • Notarized Guarantee letter by the Chief Promoter of the society on the stamp Paper of Rs. 100/-
  • Notarized Guarantee letter by the Builder, Promoter on the Stamp Paper of Rs. 100/-
  • Affidavit of Members (Affidavit of Minimum 10 Promoters)
  • Two copies of bye-laws of the Society approved by the Commissioner, Co-operation and Registrar, Co-operative Societies and Maharashtra State, Pune
  • Proof of the bank balance of the promoter member (deposit of each share of Rs. 500 and admission fee of Rs. 100), after getting permission for reservation in the District Central Co-operative Bank
  • Challan of Rs. 2500/- deposited in the Government Treasury Registration fee for the Housing Society of the Backward class is Rs. 50/-

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 |March 24th, 2025|Society Formation Advocates in Pune|Comments Off on SOCIETY FORMATION

Lawyers for Sale Deed

Lawyers for Sale Deed

A Sale deed is an instrument which shows the transfer of title, rights, and ownership of a property from a owner/vendor/ seller to a buyer/purchaser

A sale deed is an essential document for both the parties which are registered in accordance with the Registration Act, 1908. It is signed and executed as mentioned in the agreement after both the parties agree with the terms & conditions thereof

In general, this instrument of sale deed must content  below-mentioned details-

  • The parties to the deed- the full name & address, age & occupation of the parties involved.
  • Detailed description of the property being transferred- Gat/Survey/CTS Numbers, Areas of the property, correct address, dimensions of the property, construction details of the building etc…
  • Bindings relating to Indemnity & encumbrances – This includes a declaration from the seller that the property being transferred is free from every encumbrance, litigation, and charge. Also, the seller indemnifies the buyer from any pending charges in that regard. The seller should settle a pending loan taken with the concerned property as a mortgage, before proceeding with the sale. The buyer has every right to examine the related documents before registration.
  • The agreed consideration- This is the price at which the deal is closed between the parties. This section should also mention the advance amount paid if there is any. The parties should explicitly agree on the dates of payment, the mode of payment, etc. The price and the details of the transactions made should be mentioned in both figures and numbers. The sale deed should also mention the receipts of the sale transaction.
  • Delivery of the possession of the property- the deed should specifically mention the date of handover to and possession by the buyer.

General precautions before execution of sale deed

  • Ensure the title search is done.
  • Issuance of public notice – to ensure there are no encumbrances like lien, mortgage etc.
  • Above is the general information
  • FOR MORE DETAILS DO CONNECT WITH VEDLEGAL

MAIL ID – [email protected]

CONTACT- +919763040088 

By |March 24th, 2025|Lawyers for Sale Deed|Comments Off on Lawyers for Sale Deed

Advocate for Agreement and Sale Deed

 Advocate for Agreement and Sale Deed

Want to purchase a Flat? If Yes, Please Be Careful so you may not fall prey to  the frivilious offers by decietfull builders and developers.

While purchasing the Flat Property you should take the following care/ due diligence.

  1. Prefer a ready to move property rather an under construction property.If property is ready to move see that if the project has any tie ups with nationalised banks, if so the project is safe to invest because bank offers assitance to a project or scheme, after due diligence.Or else first thing to do is,to get the title search done.If title is clear than go for bank loan, because banks while granting loan takes due diligence while lending financial assistance. This again will be a safety check for verification and authentication of builder as well as project, if there are any existing encumbrances on the said property.If the bank is ready to sanction loan means there is absence of encumbrances like mortgage or lease.
  2. The next comes in the checklist, is verification  with RERA.whether the builder/ scheme is registered with RERA, if so, confirm that he has not been blacklisted by the Authority.
  3. Another thing to take into account while considering ready to move property is whether the scheme has been assigned completion certificate and occupancy certificate which validates, that it is ready to move property.
  4. If it is under construction property before giving the token amount, check whether builder has got commencement certificate and other approvals from the  public authorities like MSEB,MUNICIPAL CORPORATION or N.O.C from environmental dept.as well as fire and safety department.

FOR MORE QUERIES PLEASE DO CONNECT WITH VEDLEGAL

MAIL ID – [email protected]

CONTACT- +919763040088 

By |March 24th, 2025|Advocate for Agreement and Sale Deed in Aurangabad|Comments Off on Advocate for Agreement and Sale Deed

Laws Applicable to Co-Operative Society

Laws Applicable to Co-Operative Society

The Cooperative Societies Act, 1912 expanded the sphere of cooperation between its members and provided for supervision by central organization. A cooperative society, which has its object the promotion of the economic interests of its members in accordance with the co-operative principles, may be registered with limited or unlimited liability by filing application to the registering authority with requisite documents to be submitted by them

A Co-operative Society has to conduct itself as per the following listed below:

  1. Co-operative Societies Act under which the same is registered whether it be under state Act or Central Act.
  2. Co-operative Societies rules made there under whether it be central or state rules
  3. Bye-laws approved by the registrar at the time of registration and amendments made from time to time and approved by the registrar, these bye-laws have to be formed by the concerned members themselves and present it to the registration authority for its approval.
  4. Notification and Orders by the concerned Government

The following steps have to be followed while forming a Co-operative society, they are

Step 1: Ten Individuals together who are desirous of forming a Society

To form a society, law mandates that 10 members minimum must show intention to be part of the society having same aim and objective to be achieved through the society for their mutual benefit and thereby be desirous to be part of it.

Step 2: Provisional Committee to select Chief Promoter

Once a group of individuals have a desire to form a society the next step should be there must be a provisional committee of which everyone is part of and all of them should by mutual consent or by majority whichever their prefer must choose a person who will be a chief promoter of the society which is going to be formed by them.

Step 3: A Name for the Society has to be selected

Thereafter once a chief promoter is selected by set of individuals among them, they have to select a name for the co-operative society which they wish to form

Step 4: Application has to be made to the Registration Authority

Once the name of the society is selected by the members then they have to make a application to the registration authority stating that they have a intention to form a society and the name of the society has to be given to the authority for its approval and registering authority has to confirm that name is in conformity with laws and issue a confirmation certificate to the members. Then when the members get their name approval from the authority it is valid for 3 months from the date of approval.

Step 5: entrance fees and share capital

Thereafter once name approval comes from the concerned authority, the entrance fee and the share capital must be collected from the concerned prospective members to meet the statutory requirements under law and it can be prescribed by the members themselves or society act mandates certain fees to be paid by them.

Step 6: Bank Account

Thereafter once the prescribed fee and share capital is collect from the prospective members, then as per the directions of the registering authority promoter has to open a bank account in the name of the society and deposit the said fees and share capital in that account and a certificate has to be obtained from the bank to that effect

Step 7: Application for registration

Once the bank formalities are completed then the promoter has to apply for the society formation to the registration authority and it has to be accompanied with set of documents, they are

Form No. A in quadruplicate signed by 90% of the promoter members
1. List of promoter members
2. Bank Certificate
3. Detailed explanation of working of the society.
4.  Four copies of proposed bye-laws of the society.
5. Proof of payment of registration charges.
6. Other documents such as affidavits, indemnity bonds, any documents specified by the Registrar also have to be submitted.

All these documents have to be submitted at the time of applying for registration of the society to the registering authority and the authority after it is satisfied with the documents submitted to it has to apply its mind to whether or not to register the said society.

Step 8: Registrar has to acknowledge

After the submission of the said documents has mentioned in step 7, the registrar of that municipal ward has to enter the particulars in the book called the “register of Application” which is generally specified in form B and give it a serial number to the application. Thereafter the registrar has to issue a receipt to that effect and give it to prospective members to know the status of the application when it is pending.

Then the registrar after perusal of the records submitted to him/her has to make a decision whether has to issue a certificate of registration or not and if there are any discrepancies noticed then he/she has to inform the members of the same and get it rectified if any.

Step 9: Registration

Last step is that the registering authority after being satisfied with the documents meeting the legal requirements will notify the registration of the society in the official gazette mentioned by the state or central government and should issue the registration certificate of the society and give it to the members of the society.

Conclusion

In India, Co-operative Societies were regarded as ideal instruments to motivate the people to come together and help themselves in the process of eliminating the unscrupulous middlemen making a huge profit at the expense of the society.

The main guiding factor if an individual or group of individuals want to form a society must be whether all the concerned members have common goal to achieve or not, it is important factor because only when they share common desire or intention then only society is desirable otherwise the whole purpose of forming a society will be defeated.

Societies like any other business structure come with certain advantages and disadvantages, they are:

Advantages

  • Cooperative stores supply quality goods unlike other shops wherein adulterated foods maybe given to its consumers and thus saved them from adulteration and other malpractices.
  • As consumers or members of the society are the owners and managers of such stores, genuine requirements of the majority of consumers can be met. In other words, goods required by a majority of the customers or members of the society are always dealt by such stores.
  • Cooperative societies are an important form of democratic business enterprise because ownership is not vested in one person completely so as a result, no single group can secure control over the organization.

Disadvantages

  • It only caters to the needs of small and medium-income groups so when there are large group with higher economic interest then it is preferable to choose another business model.
  • There is much dependence on the honesty, integrity and loyalty of members and workers and once there are trust issues between the members it is hard to transact business thereafter.
  • It is limited to certain objectives hence profits are minimal.

Management of society usually rests in the hands of people with less managerial experience due to which society will suffer and many do not invest in hiring professionals to handle the society due to lack of funds or interest so henceforth growth of the society maybe put to stake by its own members.

By |March 21st, 2025|Laws Applicable to Co-Operative Society|Comments Off on Laws Applicable to Co-Operative Society

HANDOVER PROCESS WITH THE HELP OF BUILDER

HANDOVER PROCESS WITH THE HELP OF BUILDER

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:

1. Get approved building plan which includes block-wise and floor-wise details

2. Collect the Completion Certificate which ensures adherence of the approved plan

3. No Objection certificates from pollution, fire, water and electricity authorities

4. Hard copy and soft copy (in CD) of all approved engineering drawings; look for approval seal on the drawings

5. Registration and parent documents

6. Drainage, sewage, Fire protection and common area power layout drawings

7. Car parking layout drawings (with numbering)

8. Asset Inventory of all movable and immovable equipment purchased; numbered in order (list needs to be exhaustive)

9. 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 19. Arrange for introductory meeting with important suppliers and vendors

By |March 21st, 2025|HANDOVER PROCESS OF HOUSING SOCIETY FROM BUILDER OR CHIEF PROMOTER|Comments Off on HANDOVER PROCESS WITH THE HELP OF BUILDER

CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER

CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER

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’.

By |March 21st, 2025|CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER|Comments Off on CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER

LAWYERS FOR FORMATION OF A NEW HOUSING SOCIETY

LAWYERS FOR 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).

In this meeting, necessary resolutions are passed like opening the account in a bank in the name of proposed society and for obtaining permission for reserving the name of the society. It is compulsory for SRA/ MHADA recognized societies, for the first meeting to be video-recorded.

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.

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.

Documents required for Registration

  • 7/12 extract of the land or property card.
  • Certificate concerning non-agricultural land from the competent authority
  • The order of applicable or non-applicable of land ceiling Act
  • Construction layout duly approved by the competent authority
  • Letter of sanction for starting construction
  • Certificate regarding completion of construction work
  • Development Agreement if the land is taken for development
  • Letter of Power of Attorney of the land
  • Title search report of the land
  • The registered agreement of purchases of the flat with necessary stamp duty paid
  • Architect Certificate regarding construction
  • List of Members
  • Scheme of the Society
  • Application for reserving name
  • At least ten members are necessary for registration of society. On the other hand, the government has given permission subject to some conditions for the Housing society of fewer than 10 members by exercising powers. For registration proposal, the signature of sixty percent promoters, who participated in the registration proposal is necessary.
  • If the land is given by the government or undertaking agency of the government then its guarantee letter.
  • No objection certificates from the Charitable Commissioner if the land is of Trust.
  • Certificate of the competent authority regarding non-agricultural plot
  • While registering SRA/SRD and MHADA recognized Co-operative Housing Societies, it is obligatory to fulfill the necessary papers as per instructions are given by the authorities by their circulars in addition to above criterion.
  • Application for Registering Society (A form)
  • Table giving information of society (B Form)
  • Table giving details of the members (C Form)
  • Statement of Accounts of the Members (D Form)
  • Notarized Guarantee letter by the Chief Promoter of the society on the stamp Paper of Rs. 100/-
  • Notarized Guarantee letter by the Builder, Promoter on the Stamp Paper of Rs. 100/-
  • Affidavit of Members (Affidavit of Minimum 10 Promoters)
  • Two copies of bye-laws of the Society approved by the Commissioner, Co-operation and Registrar, Co-operative Societies and Maharashtra State, Pune
  • Proof of the bank balance of the promoter member (deposit of each share of Rs. 500 and admission fee of Rs. 100), after getting permission for reservation in the District Central Co-operative Bank
  • Challan of Rs. 2500/- deposited in the Government Treasury Registration fee for the Housing Society of the Backward class is Rs. 50/-

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 |March 21st, 2025|LAWYERS FOR FORMATION OF A NEW HOUSING SOCIETY IN Thane|Comments Off on LAWYERS FOR FORMATION OF A NEW HOUSING SOCIETY

ADVOCATES FOR REGISTRATION OF HOUSING SOCIETY

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 Ownership Flat 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: 9763040088E_mail: [email protected]

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