Ved Legal - 2025 April

SOCIETY REGISTRATION

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 It should be noted that the amount cannot be withdrawn from the Bank till the society is registered or its registration is refused, except with prior written permission of the Registrar.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 admin|April 18th, 2025|SOCIETY REGISTRATION|Comments Off

BUILDER IS NOT COOPERATING TO FORM 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.

By admin|April 16th, 2025|BUILDER-NOT COOPERATING TO FORM A CO-OPERATIVE HOUSING SOCIETY|Comments Off

Registration of Deemed Conveyance

On receipt of the Deemed Conveyance Order, the Deemed Conveyance Deed between the Competent Authority & the Society is prepared. The Competent Authority appears in the Deed on behalf of the defaulting Land Owners & Property Developers.

The Deemed Conveyance Deed is submitted to the Office of Competent Authority for Approval & their Signature with Authority Stamp & Seal.

The Special General Body of the Society is called to approve the Deemed Conveyance Deed & to nominate 3 Members of the Society to sign the Deed.

The Deemed Conveyance Deed is executed by the signature of the Competent Authority & the signatures of the 3 nominated Members of the Society.

On execution of the Deemed Conveyance Deed, it is forwarded to the District Stamp Office for Adjudication. If all the Members of the Society have paid the Stamp Duty on their respective Flat/ Shop Agreements & there is no balance FSI, the Deemed Conveyance Deed attracts only Rs. 100/- Stamp Duty. The Stamp Office issues the Adjudication Certificate.

On receipt of the Adjudication Certificate, the Society pays the required Stamp Duty & gets the Deemed Conveyance Deed Franked from local Bank.

After Franking of the Deemed Conveyance Deed, the same is submitted to the Registration Office for Registration. The Registration Office issues a notice to the Land Owners & Property Developers to verify whether they have received any Stay Order from Proper Court against the Deemed Conveyance Order.

The Proper Court for issuing the Stay Order against the Deemed Conveyance Order is High Court. It is very difficult for the Land Owners & Property Developers to obtain the Stay Order from High Court against the Deemed Conveyance Order.

If there is no Stay Order received, the Registration Office Registers the Deemed Conveyance Deed. The Competent Authority is exempted from appearing for the Registration & hence the 3 Members nominated by the Society only appear for Registration.

After Registration of the Deemed Conveyance Deed, the Registration Office issues the Scanned Document & Index II typically within 15 days.

The complete Procedure of Registration of Deemed Conveyance Deed is typically completed within 3- 4 Months.

On receipt of the Index II, the Registration Process of the Deemed Conveyance Deed is successfully completed & the Society becomes the owner of the Land & Structure.

By admin|April 16th, 2025|Registration of Deemed Conveyance in Pune|Comments Off

Documentation for Deemed Conveyance

Documentation is a very important & crucial stage in the Procedure for Deemed Conveyance. It requires absolute focus & meticulous handling to ensure that all the required documents are obtained & organized in an appropriate manner.

The Land Revenue Records of recent origin are obtained by making applications to the respective Government Departments like City Survey Office, Tahasildar/ Talathi Office & District Collector Office. These documents are obtained typically within 8- 10 weeks.

The Municipal Corporation Records are obtained by making application to the Building Proposal Department of the Municipal Corporation. These documents are obtained typically within 8- 10 weeks.

In case it is difficult to obtain the Land Revenue Records & Municipal Corporation Records, Right to Information (RTI) may be invoked.

The Society Records are obtained from Society Office & the Professional Certificates are obtained from Professionals.

Following Documents are required to be prepared.

Deemed Conveyance Application- Form VII
Synopsis of the Case
Vakalatnama
Roznama
Society Special General Body Resolution
Letter of Authority
Affidavit by Authorised Representative
Affidavit by Society Secretary
List of Society Members including their Flat/ Shop Agreement Details

During the Documentation Stage, a Legal Notice is to be sent to the Land Owners & Property developers.

The complete set of the above Documents is to be annexed with the Deemed Conveyance Application- Form VII & to be filed in a neat & tidy manner.

The complete Deemed Conveyance Application- Form VII is to submitted to the Competent Authority- The District Deputy Registrar of Co- Operative Societies of the particular District. The Documentation Stage from beginning to submission of Deemed Conveyance Application- Form VII can be successfully completed within 90 to 120 days.

By admin|April 16th, 2025|Documentation for Deemed Conveyance|Comments Off

MISLEADING WHATSAPP POST ABOUT SOCIETY’S CONVEYANCE DEED CANCELLATION:-

MISLEADING WHATSAPP POST ABOUT SOCIETY’S CONVEYANCE DEED CANCELLATION:-

Dear Society Members,

Now days, the Whatsapp post about the cancellation of society’s “Conveyance Deed” has been going viral speedily which is totally misleading & misguiding. And it’s really very painful to see that despite making the housing societies aware about their ownership/title of the land, someone stupid with incomplete source of knowledge is misguiding by circulating the baseless and support less post without verifying it’s lawful authenticity.

And due to this bullish and misleading viral post, a large number of the housing societies around us are getting confused that how to get cleared their title of the land, if Conveyance Deed is cancelled..?

Therefore, to avoid such confusion or mess and for the better or clear understanding, the housing societies and it’s members must go through the reliable source of knowledge which is given below in brief.

Now let’s understand what the cabinet decision talks about Property Card and ownership of the land (Conveyance Deed)…?

1. The original cabinet decision related to recording of ownership details of individual flat in Property card is of August 2019.

2. The Land Records are updated through mutation entries in Property Card in urban areas or through 7/12 Utara in Rural areas.

3. We can consider this as Horizontal Property Records. So basically these PR card entries are about the ownership of land/property.

4. What about ownership of Structure that is created on these lands??

5. The cabinet decision of August 2019 aims at first-ever initiative in India to record the ownership details of each and every flat, building and commercial complex.

6. So the cabinet decision is talking about a path breaking decision of updationof Vertical property records in the form of Supplementary PR cards.

7. This move is going to benefit to the home buyers who can trace the ownership of the flat through these Supplementary PR cards and satisfy themselves before buying the flat.

8. This move is beneficial for the financial institutions who are facing fraudulent transactions of multiple mortgages getting created against the same property.

9. This path breaking initiative will ensure that all the city survey offices in urban areas and the collector offices in rural areas will have records of the individual flats as well along with the land records.

10. Beware, that this cabinet decision is nothing to do with conveyance or deemed conveyance of the land* and hence conveyance is cancelled is fake and misleading.

11. The land owner/s has to convey the land in the name of the housing society and the builder/developer has to convey the title of building in the name of CHS and these are the provisions which are there in MOFA Act and RERA Act as well. So do not get misguided.

12. Your society still has to go for the conveyance because that is what your object clause says of the Model Bye laws.

13. The misleading information is circulated to create confusion and see to it that conveyance which is crucial for a CHS to get, will not be thought of and postponed by the CHS due to this baseless news, so please do not get misguided.

14. Conveyance provision is in MOFA Act, it is in MCS Act, it’s part of Model Bye laws, RERA Act and hence if it has to get cancelled then first al these acts needs to be amended.

15. So, friends please understand the implication of Conveyance, seek professional help on this, do not get carried away by the misleading post, do not circulate if you yourself are not sure.

Out of the all above – Important conclusion – is Housing Society’s Conveyance or Deemed Conveyance provision is not cancelled at all.

For detailed information please feel free to contact us.

Warm Regards,

Ved Legal

Mob- 9763040088

Email- [email protected] Website- vedlegal.com

By admin|April 16th, 2025|MISGUIDING & MISLEADING WHATSAPP POST ABOUT SOCIETY'S CONVEYANCE DEED CANCELLATION|Comments Off

CO-OPERATIVE SOCIETY PROBLEMS AND CHALLENGES

CO-OPERATIVE SOCIETY PROBLEMS AND CHALLENGES

Every member of a housing cooperative society should be treated with dignity and respect. No one has a legal duty or personal right to harass other if there is any harassment does occur then there are some adequate measures are speedily available to prevent it recurring and deal with the problem. The case of harassment is of serious nature offence and can not be tolerated it may become a ground of disciplinary action which may include the expulsion.

If Any member of the Housing Cooperative Society faces the problem of harassment by any other member of society or the staff of the management committee in the housing cooperative society shall initiate the procedures against them.

He/she must also:

As per the Bye-laws of the Housing Cooperative, the members must have some essential qualifications;

Permanently reside within the territory of operation of the housing cooperative;

The essential admission fee has paid;

As per the Bye-laws have paid the stipulated charges and purchased the minimum number of shares of the cooperative;

As per the conditions laid down in the Bye-laws of the Cooperative, make the essential down payment within the prescribed limit;

Make a necessary statement to the housing cooperative at the time of membership that whether he/she owns any plot/flat or house in his/her own name or in the name of any other member of his family. Under those conditions, he/she shall quote the reasons to become a member of a housing cooperative.

Cooperative Society Problems and challenges

Meaning and Examples of Harassment

Harassment is undesirable lead on the grounds of race, sex, sexual introduction and so on which has the reason or impact of either abusing the inquirer’s nobility, making an intimidating, threatening, debasing, mortifying or hostile condition for them.

There are given the following examples of the specific types of harassment:-

Bullying-

Bullying might be described as hostile, intimidating, noxious or offending conduct, maltreatment or abuse of intensity through methods planned to undermine, embarrass, stigmatize or harm the beneficiary. There are some examples of bullying:

maltreatment of power or authority;

verbal, written and additionally physical terrorizing for example dangers, derisory comments

relentless unjustified analysis the public disgracefulness having obligations or basic leadership powers pulled back without valid justification or clarification outlandish rejections

Sexual Harassment

It may be homosexual or heterosexual. It might be characterized as any type of undesirable verbal, non-verbal or physical direct of a sexual sort that makes an intimidating, antagonistic, debasing or hostile condition. It may include:

Physical contact

Undesirable comments on clothes and appearance;

Comments of a sexual nature;

Verbal threats;

The Bombay high court on the matter relating to the harassment of the women members said that the housing societies must frame rules and regulations to protect the women members from assault and sexual offenses by different members. The court said to the housing cooperative societies to make rules in the light of the Vishaka Judgement.

In Punita K Sodhi v Union of India and Ors (2010), Delhi High Court held that the idea of restriction may not discover significance for a situation of sexual harassment, as sexual harassment should not be seen as a one-time episode, however the effect of sexual harassment must be contemplated to comprehend it as a proceeding with off-base.

Racial Harassment

Racial harassment is any conduct, conscious or generally relating to race, colour, nationality – including citizenship, or ethnic or national inceptions, which is coordinated at an individual or gathering and which is observed to be hostile or questionable to beneficiaries and which makes an intimidating, unfriendly or hostile condition. It may include:

Insults and racist comments

Use abusive language and display of racially offensive material

Harassment on Grounds of Religion

Religious Harassment is any conduct intentional or something else, relating to religion, religious conviction or other comparative philosophical conviction and it is conduct which can be characterized as undesirable lead abusing an individual’s pride, or making an intimidating, unfriendly, debasing, embarrassing or hostile condition.

Political Harassment Political Harassment means the members are harassed on the political grounds by the management committee staff or the other member of the housing cooperative.

By admin|April 16th, 2025|CO-OPERATIVE SOCIETY PROBLEMS AND CHALLENGES|Comments Off

What is 7/12 Extract?

The 7/12 Extract Document is an extract from the land records register of any district, maintained by the revenue department of the state government of Maharashtra. It is traditionally called ‘Saath Baara Utara’ in Maharashtra. .

How to get 7/12 extract?
In order to obtain the 7/ 12 extract, you need to visit the nearest Tehsildar’s office and apply for the 7/12 document for the desired tenure.

The 7/12 document can also be accessed from the Maharashtra government’s website. Visit the website and find your locality in the district map to view the 7/12 extract.

Form VII

Village form 7 includes detail information about the owner of land and rights and liabilities of the landholder.

Form XII

Village form 12 includes detail information about agriculture aspects of land such as crops produced on the particular land, type of crop and cultivable land.

The 7/12 extract contains the following information about the land:

Survey number of land
Area of the land – Fit for cultivation
Changes in ownership
Mutation numbers
Type of land (agricultural or non-agricultural)
Type of irrigation (irrigated type or rain-fed type)
Details pending loans for buying seeds, pesticides or fertilizers
Information about the type of crops planted in the last cultivating season
Details of pending litigations
Details of tax paid and unpaid

FOR MORE DETAILS DO CONNECT WITH VEDLEGAL

MAIL ID – [email protected]

CONTACT- +919763040088

By admin|April 15th, 2025|what is 7/12 Extract?|Comments Off

DEEMED CONVEYANCE PROCEDURE HAS BECOME EASY

DEEMED CONVEYANCE PROCEDURE HAS BECOME EASY

The Maharashtra government has relaxed the terms for the deemed conveyance (DC)-ownership right of plot certificate from the builder, by bringing down the number of documents required from 12 to 8 and stipulating that DC will be given even if the society does not have an Occupation Certificate (OC) or the Building Completion Certificate (CC).

It is mandatory for land-owners or developers to convey the title of the plot within four months of the formation of the housing society. In many cases, the builders fail to convey the title of properties to the housing societies, in the hope of availing more floor space index (FSI) that may become available in future, or to avail the benefits accrued to them in case the property is redeveloped.

If the builder fails to convey the property, the Maharashtra Ownership Flats Act (MOFA) allows societies to apply for DC. However, having OC was mandatory and was insisted upon by the officials of the cooperative registrar’s office. OC is given only when the building is complete in all respects and has complied with the mandatory norms laid down by the government authorities to make it ready for occupation. Since most of the builders abandon the projects before complying with the norms and conditions, OCs are not given to the societies. Developers just hand over the possession and exit the project, leaving the residents high and dry.

However now, the DC will be issued even if housing societies have submitted such documentary evidence as the formation of the society or the payment of property tax by the society.

As per the GR issued on 22 June 2018, by the state cooperation department, it has been made mandatory for the registrar of cooperative societies to register documents of the applicants within a day. Besides, as per the Maharashtra Right to Public Services Act, 2015, the DC should be issued within six months. If an official fails to provide and approve it within the prescribed period, then he or she will be penalized between Rs500 and Rs.5,000/-

The applicants should submit the applications with a court fee of Rs2,000. In case the FSI has already been consumed, a certificate of an architect that the total FSI has been consumed would suffice. In addition, they have to give an indemnity bond stating that they will take responsibility for the building and adhere to all required rules and regulations. If there are more than one society on one plot, the details of proportionate area and ground coverage should be furnished.

The documents required for conveyance include society registration certificate, approved layout, 7/12 extract, sale deed of each flat owner or heir document, list of registered members of the society, occupation certificate, non-agriculture certificate of that particular plot and notice copy etc. In the absence of sale deeds of all members, the sale deed of even one member would be sufficient, states the GR.

While submitting the conveyance application and documents to the registrar, a copy of the same application also needs to be submitted to the stamp duty and registration department for its speedy approval. The applications will be accepted online as well as offline. The officials of the concerned department such as urban, cooperative, forest and revenue department will have to work in unison so that the applicants are not required to shuttle from one department to another.

The system of issuing DC was started three years ago. However, due to stringent conditions there was no response from cooperative societies. Commenting on the issue, Ramesh Prabhu, Chairman, Maharashtra Societies Welfare Association said “This was a positive step. In many cases, the builders exited the project without getting the OC, and the residents had to bear the brunt. This relaxation will ensure that majority of the societies get deemed conveyance. By a fair estimate over 10,000 cooperative housing societies in Mumbai and neighboring areas, are yet to get the DC. Now they should come forward to take advantage of these relaxed norms.” There are a sizable number of housing societies in Mumbai that are struggling to get the DC. In absence of DC, redevelopment of some of the societies has been delayed. Some of the developers used to sell the flats till they held the ownership right of the layout and were misusing this right, causing impediment in the way of redevelopment.

By admin|April 15th, 2025|DEEMED CONVEYANCE PROCEDURE HAS BECOME EASY|Comments Off

Need for Deemed Conveyance

A Co-Operative Housing Society is the owner of the Land & Building & individual member enjoys the ownership right of the Flat/ Shop based on the Share Certificate issued by the Co- Operative Housing Society.

A vast majority of Co- Operative Housing Societies does not have the Conveyance in their favour& hence are not the owners of their Land & Building. In this situation, even though each member of the Co- Operative Housing Society has paid full consideration and is in possession of the Flat/ Shop allotted, he does not enjoy the benefits of title ownership of the Flat/ Shop.

In case of Co-Operative Housing Societies formed long back, many of the Buildings are in dilapidated condition and their repairs are not economically viable. The best solution available for these Co- Operative Housing Societies is to go ahead with Redevelopment. The non- availability of the Conveyance & therefore free/ marketable Title affects the Redevelopment Process badly.

In case of Co-operative Housing Societies formed recently, the Redevelopment at the moment is not on the agenda. However the non- availability of the Conveyance and free and marketable Title may affect its present Revenue and may be a hindrance in Redevelopment process in future.

Therefore Deemed Conveyance is in the larger interest of the Co- Operative Housing Societies (and their each and every member) who are denied their right of Conveyance by the Land- Owners & Property Developers.

By admin|April 15th, 2025|Need for Deemed Conveyance|Comments Off

How to register the society and which documents required for it?

Ans: It is obligatory to apply for co-operative society or Association of Apartment within four months from the taking possession of galas/flats/shops/units by holders, necessary for forming the co-operative society or Association of Apartment according to provisions mentioned under section 10 of the Maharashtra Ownership Flat Act 1963 and rule 8 of Rules 1964 there under. While taking into consideration of these provisions it is necessary to make an application for getting permission for opening bank account by keeping the name of the proposed society reserve by the builder/promoters/chief promoter to the Registrar, co-operative societies in the concerned. It is necessary to make selection of the chief promoter in the primary meeting of the members. If not desire to work as Chief Promoter for some reason than in such situation, any member from the galas/flats/shops/units holder can be selected as a Chief Promoter. However while submitting proposal it is necessary to submit consent letter that builder promoters are ready to co-operate for the work of registering the society. Following papers are necessary for submitting the proposal for getting permission for opening the bank account.

Application for opening the bank account by reserving the name of the proposed society in the prescribed format. (On adhesive court fee stamp of Rs.25/-)
Copy of the minutes of primary meeting (in the prescribed format)
Photo copy of the sale deed/development agreement executed between the original owner of the land and builder promoter.
Photo copy of the 7/12 extract or the Property Registered Card.
Photo copy of the power of attorney if given to the builder, promoter by the original owner.
Copy of the order form competent office under Urban Land Ceiling Act 1976.
Detailed scheme of the proposed society and its nature
List of the proposed members.

It is necessary to submit the proposal for official registration within three months of the date of getting permission for opening bank account by reserving the name of the proposed society for registration. If for some inevitable reasons, it was not possible to submit the registration proposal in the prescribed time limit then it is necessary to submit an application for extension of time limit for submitting the proposal of registration by the Chief Promoter.

In case of registration, the chief promoter should have to submit following documents:-

Application for registration in the prescribed format under rule 4(1) of the Maharashtra Co-operative Societies Rules 1961-Form A (Annexure A)

If the number of galas/flats/shops/units mentioned in the application submitted for registration is more than 10 then inclusion of promoter members for 51 per cent galas/flats/shops/units out of the total galas/flats/shops/units built or to be built in the said application. Otherwise, by preserving such proposal as immature, it is denied for registration. It is necessary that 51 per cent members out of the total members included in the application for registration should have to sign be their name. It is necessary that 10 members of the different families (Definition of the family) includes mother, father, son, husband, wife, unmarried daughter). Similarly minimum 10 members should be the residence in the jurisdiction of the society. As per prevalent policy of the government even less than 10 member’s society can be formed. However in such proposals the carpet /built up area of each galas/flats/shops/units should not be more than 700 sq. ft. Similarly it is also necessary to ensured that the entire F.S.I to be available as per prevalent constructions rules has been used and there is no possibility of additional construction work.

Form-B : Information of proposed society (In prescribed format)
Form-C : Information of Promoter Members
Form-D : Accounts statement (In prescribed format)
Detailed scheme of the proposed societies and its nature.
Balance statement of saving accounts in the Pune District Central Co-operative Bank (Share Capital of Rs.500 and in addition Admission fee of Rs.100/- of each promoter member and its total amount)
Original chalan of payment of Rs.2,500/- as a co-operative housing society’s registration fee paid in the Government Treasury.
A photo copy of the sale deed or Development agreement executed between original land owner and builder/promoters.
Photo copy of the 7/12 extract or Property Registration Card.
Photo copy of the Power of Attorney given to the builder promoters by the original land lord.
Photo copy of the NOC from the Charity Commissioner if the land is of Public Trust.
A photo copy of the land search report or title certificate from the advocate.
Photo copy of the order issued by the competent officer under Urban Land Ceiling Act.
True copy of the construction lay out approved by the Municipal Corporation.
Photo copy of the permission for commencing construction or of completion certificate issued by the Municipal Corporation.
Architect certificate endorsing to the construction of the building of the proposed society.
Minimum 10 persons affidavit on the stamp paper of Rs.20 (individual) regarding they are residence in the jurisdiction of the society and there is no residential house, open plot in their name or in the name of the other persons in the family depend on them in the jurisdiction of the society. (Affidavit should be made before the competent officer)
Guarantee letter of the Chief Promoter on the stamp paper of Rs.20/- in the prescribed format registered before the competent officer.
Guarantee letter of the builder promoters on the stamp paper of Rs.20/- in the prescribed format ‘Z’ registered before the competent officer and in accordance with that information in A B C D Table.

Table A: number of galas/flats/shops/units sale, name to whom it sale, area of the galas/ flats/shops/units and its price.

Table B: number of galas/flats/shops/units not sold and its area.

Table C: Name of the person to whom the galas/flats/shops/units was sold and total amount received from him.

Table D: Details of the expenditure, name of the person to him galas/flats/shops/units was sold, amount of the share capital, amount of the admission fee and price of the galas/flats / shops /units .

A photo copy of the registered agreement executed between the builder promoters and galas/flats/shops/units holder.
A photo copy of the receipt of the payment made in respect of the registration fee of the galas/flats/shops/units and stamp duty of the promoter members mentioned in the application made for registration.

The signature of the minimum 10 promoter members at the end of model bye laws no 175 is necessary.

By admin|April 15th, 2025|How to register the society and which documents required for it?|Comments Off

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