Quick Contact Mobile: + 91 97630 40088 / 9764133661|[email protected]
­

About admin

This author has not yet filled in any details.
So far admin has created 5045 blog entries.

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

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.

  1. 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/-)
  2. Copy of the minutes of primary meeting (in the prescribed format)
  3. Photo copy of the sale deed/development agreement executed between the original owner of the land and builder promoter.
  4. Photo copy of the 7/12 extract or the Property Registered Card.
  5. Photo copy of the power of attorney if given to the builder, promoter by the original owner.
  6. Copy of the order form competent office under Urban Land Ceiling Act 1976.
  7. Detailed scheme of the proposed society and its nature
  8. 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:-

  1. 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 |April 29th, 2022|How to register the society and which documents required for it?|Comments Off on How to register the society and which documents required for it?
Read More

REGISTRATION OF DEEMED CONVEYANCE IN NAGPUR

REGISTRATION OF DEEMED CONVEYANCE IN NAGPUR

On receipt of the Deemed Conveyance Order, the Deemed Conveyance 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 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 & to nominate 3 Members of the Society to sign the instruments.

The Deemed Conveyance 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, 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 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 Franked from local Bank.

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

The complete Procedure of Registration of Deemed Conveyance is typically completed within 3- 4 Months. On receipt of the Index II, the Registration Process of the Deemed Conveyance is successfully completed & the Society becomes the owner of the Land & Structure.

By |April 29th, 2022|Registration of Deemed Conveyance in Nagpur|Comments Off on REGISTRATION OF DEEMED CONVEYANCE IN NAGPUR
Read More

What is 7/12 Extract?

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 |April 29th, 2022|what is 7/12 Extract?|Comments Off on What is 7/12 Extract?
Read More

Advocate for property transfer in Nagpur

Advocate for property transfer in Nagpur

 DUE DILIGENCE TO BE DONE WHILE PURCHASING A  PROPERTY

  1. First comes in the checklist is the Zone.Check it whether the property comes into the “R” OR “NON-AGRICULTURE” zone because if the the property is in non residential or non agriculture zone like green zone etc.you may not get approvals from authorities like MC for commencement of construction or if you get permission for construction in other zone, than R zone, the  F.S.I granted for other zones is comparatively less.
  2. The second must thing to do is “TITLE SEARCH”.
  3. Title search is must to do, but not enough, to ensure the property is without encumbrances,then what?
  4. Then the most important thing to be done after the title search is PUBLIC NOTICE.Public notice is meant for inviting any objections or claims regarding the property,this will make you aware if the land owner is playing double and has sold the same plot to somebody else also and if within the desired period no objections/claims are raised, you can move on.
  5. Next if the Landowner is handing over immediate possession go for a  registered sale deed.
  6. If the Landowner has promised, future possession, its better to go with agreement to sale and the consideration to be paid in part and the payment should be done through the negotiable instrument like Cheque/D.D or bank transfer NEFT/RTGS .In no case you should go for Cash transaction, There are  likely chances of deciet or fraud in Cash transaction.
  7. After a registered sale deed get the mutation entry done.see that your name has been arrived on the property card.
  8. Above are the general precautions to be taken.

     FOR MORE DETAILS DO CONNECT WITH VEDLEGAL

MAIL ID – [email protected]

CONTACT- +919763040088 

By |April 29th, 2022|Advocate for property transfer in Nagpur|Comments Off on Advocate for property transfer in Nagpur
Read More

Advocate for Agreement of Sale in Nagpur

Advocate for Agreement of Sale in Nagpur

The agreement of sale shows the willingness of the parties to buy/sell the property in future upon the satisfaction of certain terms and conditions. However, since it does not involve an immediate transfer of ownership, the buyer has no right and interest in the property in question until the execution of the sale deed and full and final payment towards consideration agreed upon by the concerned parties to the agreement.

This agreement specifies the terms and conditions under which the property may be transferred.

This instrument of an agreement of sale shall contents the following terms:

  • Detailed description of the property and concerned parties
  • Disclaimer that the property is free from legal encumbrances
  • Value of the property including payment details
  • Delivery of the original documents on the final payment
  • Execution of sale deed and registration of the same if the titles are found good
  • Method of property delivery
  • Payment refund in case of improper titles
  • Action course for non-completion of sale on the part of the seller
  • Loss of advance payment if the purchaser fails to complete the transaction
  • Remedy if legal issues besiege the property
  • Transfer of tax-related certificates
  • All other matters related to the proposed sale

FOR MORE DETAILS DO CONNECT WITH VEDLEGAL

MAIL ID – [email protected]

CONTACT- +919763040088 

By |April 29th, 2022|Advocate for Agreement of Sale in Nagpur|Comments Off on Advocate for Agreement of Sale in Nagpur
Read More

Advocate for Agreement and Sale Deed in Nagpur

Advocate for Agreement and Sale Deed in Nagpur

Want to purchase a Flat? If Yes, Please Be Carefull 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 |April 29th, 2022|Advocate for Agreement and Sale Deed in Nagpur|Comments Off on Advocate for Agreement and Sale Deed in Nagpur
Read More

Need for Deemed Conveyance in Ahamadnagar

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 |April 28th, 2022|Need for Deemed Conveyance in Ahamadnagar|Comments Off on Need for Deemed Conveyance in Ahamadnagar
Read More

Process of Co-operative Housing Society Registration in Thane

Process of Co-operative Housing Society Registration in Thane

· 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 Cooperation.

· 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

1. Applications for Name to be reserved for Proposed Society’s

2. Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society

3. Application form “A” 4 copies

4. Information in Annexure ” A ” ” B ” ” C ” 4 copies

5. Bye-Law of the Society 2 copies

6. Details of Accounts Annexure”D” 2 copies

7. Bank Balance Certificate in Original 1 copy in Original

8. Agreement of Flat 1 copy

9. Advocate Search Report 2 copy [Title Certificate]

10. Society’s Building Plan 2 copies

11. Layout Plan 2 copies

12. Sanction Plan from Authority 2 copies

13. O.C / C.C copy 2 copies

14. Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 1 copy

15. Guarantee in form ” Y ” On Rs. 100/- Stamp paper & notarized 1 copy

16. Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized 1 copies

17. 7/12 or City Survey Revenue Record of Land [not more than 1 month old] 1 copy

18. Promoters Affidavit on Rs. 100/- Stamp paper & notarized 1 copy

19. Indemnity Bond on Rs. 100/- Stamp paper & notarized 1 copy

20. NA Certificate / ULC 2 copy

21. Plot area Land Map 2 copies

22. Scheme

23. Registration Fee Challan for Rs.2500/- 1 copy original

24. Builder Non Co-operation form Z on Rs. 100/- Stamp paper & notarized if required 1 copy

25. CP Affidavit for Child Labouron Rs. 100/- Stamp paper & notarized 1copy

All this forms are available at your District Co-operative Housing Society Federation.

On submission of above document the Dy./Asst. Registrar will go through the papers And document. If found OK he will make order for issue of Registration Certificate. If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.

Registration Certificate is issued with covering letter and Officer’s name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence, all members have to hold meeting and have 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 submit 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 |April 28th, 2022|Process of Co-operative Housing Society Registration in Thane|Comments Off on Process of Co-operative Housing Society Registration in Thane
Read More

Procedure To Recover Maintenance Dues from Defaulters of Cooperative Housing Society

Procedure To Recover Maintenance Dues from Defaulters of Cooperative Housing Society

In current situation running a society smoothly depends on how much cash reserves the society has in its bank. Few societies doesn’t feel that much heat as members are cooperative and paying maintenance bills on time, check .Regular payment from members makes easier to run society as it doesn’t feel cash crunches.

However few societies are exception to this as default by members are keep on increasing, which make committee members work more difficult to manage. Recovering the dues from members is complicated task as it also harms the personal relation with the committee members and defaulter members.

Under Section 101 of Maharashtra Societies Act (MCS), society can fight the legal battle to recover due from defaulters.

Society Committee can follow below procedure to recover dues from defaulter society member:

1) Issue a simple letter to defaulter (there is no specified format for this) which should have the amount dues, period for payment and also a warning mentioned about “Failuer to make payment, society will make application to society registrar under Maharashtra Societies Act section 101 to recover the outstanding dues”.

2) After the completion of given period on notice to defaulter, committee should pass a resolution to take action against the defaulter.

3) Under the section 101, Society chairman and secretary can take action against the defaulter and has rights to sign all the required documents which they need to submit to society registrar who will issue the recovery certificate.

4) After the submission of all the papers from society to registrar. Registrar may ask for hearing with defaulter member and verify the records. After verifying and hearing if registrar find the appeal truthful he will issue recovery certificate to society.

5) Once the recovery certificate received by recovery officer, he will prepare the demand notice which will send to Sale Officer and same notice will be attached to property of defaulter member of society.

6) Sale officer will visit the flat of defaulter to prepare and submit the list of inventory of all his moveable property. If defaulter member is still not paying out standing dues even after receiving Demand notice, Sale officer can seize the moveable property and can hand them over to Secretary or Chairman of society for custody. 7) After the seizing auction date is fixed for auction of seized movable property. If the amount received from auction is less  as compared to dues then Sale officer has right to auction the flat of defaulter member.

By |April 28th, 2022|Procedure To Recover Maintenance Dues from Defaulters of Cooperative Housing Society|Comments Off on Procedure To Recover Maintenance Dues from Defaulters of Cooperative Housing Society
Read More

Advocate for Sale Deed in Ahamadnagar

Advocate for Sale Deed in Ahamadnagar

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 |April 28th, 2022|Advocate for Sale Deed in Ahamadnagar|Comments Off on Advocate for Sale Deed in Ahamadnagar
Read More