Legal MaharashtraCo-operative Society Society

Amendments to the Maharashtra co-operative society act, 1960. Mahrashtra Act No. VII of 1997.

adminJuly 31, 2009March 16, 2020

By Legal Bureau
Amendments to the Maharashtra co-operative society act, 1960. Maharashtra Act No. VII of 1997.

(First published after having received that assent of the Governor, in the “Maharashtra Government Gazette’ on the 2nd January 1997).

An Act further to amend the Maharashtra Co-operative Societies Act, 1960.
WHEREAS it is expedient further to amend the Maharashtra Co-operative Societies Act 1960, for the purpose hereinafter appearing; It is hereby enacted in the Forty-seventh Year of the Republic of India as follows :-

1. This Act may be called the Maharashtra Co-operative Societies (Amendment) Short title Act, 1996.

2. In section 9 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as “the principal Act”). in such-section (2), after the words “deemed to have been registered” the words” and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days “ shall be added.
Our Comments :-Section 9, had been amended to clarify the provision as regards Registration of Co-operative Society more explicit.

3. In section 22 of the principal Act, in sub-section (2), after the words “deemed to have been admitted as a member of the society”. the words “If any question arises whether a person has become a deemed member or otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties.” shall be added.

4. In section 23 of the principal Act, in sub-section (IA), after the words ‘become a member of such society”, the words, “If any question arises whether a person has become a deemed member otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties”, shall be added.
Our Comments : – Section 22(2) and 23 (1A) has been amended to clarify that as regards membership the power shall be exercised by the registrar.

5. In section 27 of the principal Act, for sub-section (9), the following sub-section shall be substituted, namely : –
“(9) No nominee of the Governmetn or any financing bank on the committee of any society shall be entitled to vote at any election of officers of such committee such as, the President, Vice President, Chairman, Vice Chairman, Secretary, Treasurer or any other officers by whatsoever designation called, who holds the office by virtue of his election to that office.
Our Comments : – Section 27 has been amended so that the powers as regards Governmetn nominees as regards election of office bearers have been 0curtailed.

6. In section 73-1 D of the principal Act. –
a) in such-section (I), –
i) for the words “two-third majority” the words simple majority” shall be substituted;
ii) for the words “for the time being entitled to sit and vote at any meeting of the committee ”the word as” entitled to vote at the election of such President, Vice President, Chairman , Vice Chairman, Secretary, Treasurer or any other officer” shall be substituted.
(b) in sub section (2) for the time being entitled to site and vote at any meeting of the committee” the words entitled to elect the President, Vice President, Chairman, Vice Chairman, Secretary, Treasurer or any other officer, as the case may be, of the committee” shall be substituted;
(c) in sub-section (7) for the words “six months” the word as “one year” shall be substituted.
Our comments :- section 73 (1D) have been amended so that no confidence motion can be passed with simple majority instead of 2/3 majority. Subsection 7 of this section has been amended so that the requisition for a Fresh Motion of no confidence can be brought only after a period of one year. Instead of the previous period of six months. The term of the administrator is now extended upto one year from the previous period of six months.

7. In section 73BB of the principal Act, in sub-section (I) –
(a) for the words “union then the selection shall be made by the union with the largest membership, and where there is no union at all, then by an election by such employees from amongst themselves in the prescribed manner” the words “recognised union or unions and where there is no union at all or where there is a dispute in relation to such issues including whether a union is recognised or not, then the seats so reserved shall be filled by an election by such employees from amongst themselves in the prescribed manner” shall be substituted.
(b) the following Explanation shall be added at the end, namely :-
“Explanation – For the purpose of this section the members of the committee shall mean and include the representatives of the employees”.

8. In section 73BB of the principal Act, –
(a) to sub-section (I), the following Explanation shall be added, at the end, namely :-
‘Explanation – For the purpose of determining the number of committee members under this sub-section, committee members who are elected, co-opted nominate, appointed or otherwise occupying the position on the committee under 73B, 73BB and under this sub-section shall not be included”,
(b) in sub-section (2), for the existing proviso, the following proviso shall be substituted, namely :-
‘Provided that, where the bye-law of a society already provide for reservation of seats for women on the committee thereof, the total number of seats to be reserved for women shall be equal to the number of seats specified in sub-section (I)”.

9. In section 73H (2), of the principal Act, in sub-section (2), for the words, “where there is a willful failure on the part of the committee to hold election to the committee before the expiration of its term, the committee before the expiration of its term, the committee before the expiration of its term, the committee” the words “ The committee” shall be substituted. Our Committee, to conduct the elections before the expiry of the tenure of the committee. The above said amendment appears to have been made to bring consistency with the provisions of subsection (2B) of subsection 73-G.

10. In section 77A of the principal Act, in sub-section (3), the following proviso shall be added, namely :-
“Provided hat, if a new committee is not, or cannot be constituted at the expiry or termination of the term of office of the committee or Administrator, for any reason beyond the control of the committee or Administrator, the term of office of the committee or Administrator, as the case may be, shall be deemed to be extended, until the new committee is duly constituted.”
Our Comments :- Section 77 (A) has been amended so that the tenure of office of the Managing Committee or Administrator would be deemed to have been extended if for any reason whatsoever a new committee cannot be constituted before the expiry of the term office.

11. In section 78 of the principal Act, in sub-section (3) the following proviso shall be added, namely:-
“Provided that, the member who has been so removed, shall not be eligible to be re-elected, re-appointed, re-nominated, or re-co-opted, as a member of any committee from the date on which he has been so removed or till such lesser period as may be laid down under the provisions of section 73FFF or 144E, as the case may be”.
Our Comments :- if a member of the committee has been removed under this section than he cannot be re-elected, reappointed, renominated or recopted as a member of the Managing Committee for one full term from the date he has been removed or for such period as laid down in provisions of sections 73FFF or 144E of the M.C.S. Act 1960.
Our comments : – Subsection of 104 has been substituted to specify in which cases the appeal should lie with the registrar and in which places the appeal should lie with the State Government.

12. In section 104 of the principal Act, for sub-section (I), the following sub-section shall be substituted, namely :-
“(1) The committee or any member of the society ordered to be wound up may prefer an appeal against the final order of winding-up within two months form the date of the issue of the order made under section 102.-
(a) if made by the Registrar, or the special or Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the State Government ;
(b) If made by any person other than the Registrar, or the Special or Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar.
Provided that, no appeal shall lie against order, issued under sub-clause (i), (ii) or (iii) of clause (c) of sub-section (I) of section 102”.

13. In section 112B of the principal Act, in sub section (I) in clause (b), in sub-clause (iv), for the words” such employees”, the following shall be substituted namely :-
“such employees. Where there is no recognised union or unions or where there is no union at all, the employees shall elect representatives from amongst themselves. The election shall be held by the Collector in the manner laid down in Chapter XI-A of this Act”.

14. In section 148 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely :-
(3) No prosecution under this Act shall be lodged, except with the previous sanction of the Registrar.

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VISHAL JANI

August 18, 2009 12:35 pm

hello, i am vishal jani resding in mumbai. have purchased my neighbors flat. i want to take a loan from bank of India (nationalize bank). they have given me N.O.C. format which they want on society letterhead. now here is the problem secretary is saying NO. for this 2 points. 1. We have no objection to your giving a loan to the proposed transferee and their mortgaging the said flat with you by way of security for repayment. We confirm that to the best of our knowledge Mr. vishal v. jani & mrs. Rupa v. jani has not raised any finance from any other source to buy the said flat. 2. We undertake not to allow Mr. Vishal V. Jani & Mrs. Rupa V. Jani to transfer the said flat to any third party whether buy way of lease, leave & license or any other basis without your prior written permission. We also undertake not to issue duplicate share certificate to Mr. Vishal v. Jani & Mrs. Rupa v. Jani without your prior permission. i dont knwo where is the problem to give this kind of N.O.C. she (secretary) is giving excuse that who knows that who will be next secretary? if he/she will transfer your flat then ? this is just unmature (inlogic) answere she is giving. please reply me and give me some way to take a loan else my deal will cancel.

vishal jani& rupa jani both are the purchaser

Author

admin

August 22, 2009 5:08 pm

Dear Vishal, Apply to the society with registered A.D. for the NOC. On receiving the application, Managing Committee can pass a resolution and put it in society’s record. The NOC is must to proces further.

amit sawant

August 26, 2009 3:28 pm

Sir

i want to know the what is the procedure for obtain duplicate share certificate of co-operative housing society. i am member of that society and my share certificate was misplaced and also provide section and clause.

Author

admin

September 5, 2009 12:04 pm

If any application is received by the managing committee for issue of duplicate share certificate the managing committee has to insist on the member to give undertaking.
The co-operative housing societies has to follow the procedure laid down in the Act, Rules or bye-law and not to go according to the provisions of Companies Act, while issuing duplicate share certificate. Also see Society section on this web for detail info and form. – admin

vatsan

September 13, 2009 7:20 pm

Hi, I have let out my flat at Thane. The society charges a non-occupancy charge of Rs. 500 every month. I read somewhere that Non-occupancy charges should not be more than 10% of the monthly maintenance amount. I would like some light on this and also the relevant sections of the act which deal with the same.

Author

admin

September 14, 2009 12:53 pm

Reply to vatsan

Yes, you are right. Even Bombay High Court had ruled the same thing. The circular and other details on Non-occupancy charges is posted on the web. click here

HORMAZ

September 21, 2009 4:56 pm

Chairman and Secretary of cooperative hsg society

got thelift repair work done without approval of all the society members. Now we have received a bill of 1,50,000.00.

How to pay this amount if sinking fund balance is zero.

Anil Vasant Tare

October 7, 2009 12:05 pm

We are the 8 members who was alloted the flat in Society at Mahim by Court Recevier. And the Share Certificate is issued by the Administrator appointed by Asst. Registrar MAHADA. He had alloted 20 Shares to us. And as per otehr memebrs of the Society they had issued 40 Shares. We had make the application for additional shares. The Committee Members refusing the application and verbally answered that go to the Asst. Registrar MAHADA or tell Administrator to issue the letter to them to issue the Additional Certificate. In this matter what to do in this matter please suggest.

SUDESH KUMAR

October 12, 2009 11:06 am

SIR OUR SOCITY HAS CHARGED OFF AMOUNT ie Rs 40000/ without taking approval from the Registerar nor they placed in AGM MINUTES But the amount was mentioned in the balance sheet and CAs report is it correcton the part of CA and SECRETARY when i wrote a letter to the socifty regarding the same they told me in writing that the amount has already been passed ,even they refused to submit details .KINDLY ADVISE

AMIT SHAH

October 29, 2009 1:01 am

AMIT SHAH

October 29, 2009 1:12 am

Hello..! Firstly I would like to thank you for putting up such wonderful information about society laws.My request to you is that Please also email me back the answer to the question I am asking below- 1> What is the Maximum time limit given to a Registrar to give an order in Section 78 of the MCS Act ? 2> If suppose only father and mother have taken a propety.Fathers name is first and mothers name is second in the registration document of a flat.In this case only the mother can mother can become an “Associate” member right (Because she holds shares jointly with her husband) ? Rest of the family falls in “Nominated” Members right ? 3> Can any other family members (Nominated members) apart from the mother become an “Associate” member WITHOUT holding any shares jointly /without making any new agreement done ? Please reply at the earliest at amits_111@yahoo.com. Thank You..! – Amit Shah

bhavesh

October 30, 2009 4:23 pm

Sir
I have paid the registration fees and stamp duty and paid part amt now i have to take a loan from bank . The bank format i have submitted to the society. socity is arguing that as per the by laws the seller cant sell the flat because on october 2008 he has bought the flat and october 09 he has sold the flat to me. whereas on december 2008 his name has been put in the share certificate and from the date of 24/12/2008 till one year he cant transfer the flat. I wanteed to know whether there is any kind of rules/ by laws are there in society act. I have inquired from bankers they told me let him write that transfer cant be made till 24/12/2009 but atleast for NOC they should not object. Can you please guide how to make convince to society on theis issue. If society doent give NOC till december /24/2009 will i be in any problem or difficulty by any chance

HIRAL GADA

November 2, 2009 5:41 pm

Helloo, I M Secretary of a Society, A Shop Owner in our Society is not giving any Maintanance From Past 3 Years Kindly Suggest What Action can we take against him to recover the dues, Thanx

sagar

November 3, 2009 10:26 am

helii sir, i am doing job in karanja nagri shakari pat sanstha karanja lad , dist washim
in maharashtra cherman husband interfare in offical work pat sanstha not paying payments all staff properly only 4 staff in permently and other 10 satff tempaerly plz action this ……..

Jayant Agrawal

November 7, 2009 9:17 pm

I have a flat in pimple gurav, Pune. The society is not yet formed. some of the owners residing there are in the process of getting the society formed and put the rules and regulations in place. One of the proposed rule is that in case if a person has let out his property then in that case the maintenance charges would be additional 100% of the existing maintenance charges per month. Does this proposal has any validity under the Maharashta State Coop Soc. Act? thanks

pryagnik

November 13, 2009 4:03 pm

Can the society by simple majority decides to sell the common area thereby depriving the benefits of few

sushant

November 17, 2009 5:13 pm

wether the society ca keep the share certificate for non payments of dues

ANkush

November 19, 2009 2:23 pm

kindly tell me the list of vital document of Co-operative societies should get from the builder, soon after the society is formed. These should be handed over to the managing committee members by the builder.

harish lalwani

November 20, 2009 5:46 pm

i m resident of empire estate, it is a huge society situated on mumbai pune highway, in chinchwad, pune. there are nearly 800 flats, in total 15 buildings. each building is named as a,b,c d,e,f,g,h,i,j,k,l,m,q.
each building is having seperate society. my question is if somebody sells flat and has to obtain NOC from the society and wants to transfer share certificates in name of purchaser, how much a society can charge as noc.please reply

Author

admin

November 21, 2009 3:55 pm

Reply to harish lalwani

Dear Harish, there is no charges society can charge. Only transfer fee accordingly will be charges with maximum limit of Rs.25,000 in A class municipal corporation.

monica gawade

November 24, 2009 10:14 pm

Sir after registering the society under Maharashtra Co-op Sicieties Act. I the members of the society had made there bye-laws by majority should they be registered.Kindly help out.

vijay thorat

November 25, 2009 11:14 am

i want to associate mambership formate and procedure for co – operative society in maharashtra its very urgent

Mihir

November 27, 2009 4:07 pm

Hello, Firstly thankyou for providing such useful information regarding society laws.
My question is what are the procedures for society formation & registration.
Secondly what is the eligibility for member who like to be on various posts like chairman, sectretary or treasurer of the society.
Kindly reply as early as possible.

Shivanath

December 2, 2009 1:30 pm

Sir,
I am resident of one of the co-op. hsg. societies of Nagpur. our layout consists of around 250 houses. There is a case going in the court of law on one of the member of the society regarding illegal occupation and construction on the society land. my question is whether that member is eligible for election and appointment to the post of managing committee member (Secretary, President etc). Kindly give guidance in this matter and also provide the elaborated rules in this regard. thanks.

basant kumar

December 6, 2009 3:39 pm

can society charges two types of rates as society charges?(i) one rate for owner himself residing in the flat(ii) Increased rate of society charges for tenants

Pinky

December 6, 2009 11:05 pm

My mother has a flat in a co-op in mumbai that she plans to sell. She has written to the society 3 times for an NOC for the buyer but they are delaying the process and not giving one unless she agrees to pay them 2% in cash, for the transfer. The 2% is much above the 25000 limit set by the government but they are harassing her none the less. The property is on collector’s land and she does not know what to do, is going to court for a long drawn battle the only solution. Please reply ..we are very worried.

Harish Bangera

December 23, 2009 3:45 pm

Sir, I reside at co-op hsg society ,We had bought this flat in 1989 and the share certificate was with society and we obtained it some time later and its in the name of seller and want to be transferred in our name,So what would be the formalities and is their any charges to be paid to the committee.I request you to provide the valuable information on the same.

D. P. Karavade

December 31, 2009 11:04 pm

Regarding the complaint posted by Ms. Pinky on 06.12.09 regarding transfer NOC, let her note that for selling a flat the society’s NOC is not at all required. The 2% cash payment asked by society office bearers is obviously going into their pockets and must not be paid. If you have paid the society’s legal dues, i.e. maintenance charges upto date and transfer premium of Rs.25,000, go ahead and sell the flat. There is no need to go to the society.

Mani Sekaran

January 2, 2010 12:55 am

Can you tell me within how many days of formation of the society, society should issue share certificates?. I bought my office property one year back. The society was formed 6 months prior to that. But society has not issued share certificates to any members so far. What action can be taken against office bearers?

Author

admin

January 19, 2010 6:07 pm

Reply to Mani Sekaran

The share certifictaes must be issued immediately. Please request society first before inviting registrar.

Naik I C

January 5, 2010 1:26 pm

Addition to advice about NOC by D. P. Karavade
Posted on December 31, 2009 at 11:04 pm

Answer depends on whether the concerned Society has registered Bye-Laws as per Model Bye-Laws1984 or Model Bye-laws 2001.The answer by D P K is correct in case of bye-Laws 2001.

Milan

January 7, 2010 7:10 pm

Respected Sir/Madam,
Summary: We have sold our flat and have paid all our outstanding dues as per the society. My society is a co-operative society. After paying the amount I found that we have paid excess amount to the society. My question: Can we send a DEBIT NOTE to the society? Is the debit note valid in the court of law? If not, please provide me better suggestion. Waiting for your reply.

Author

admin

January 15, 2010 2:00 pm

Reply to Milan

Debit notes are given when you transact in succession. Since there is nothing remianing now, you must ask for refund instead.

DEEPAK SALVI

January 15, 2010 1:54 pm

I industrial society issue share certificate in husband and wife names. then who is the member of the society

Author

admin

January 15, 2010 1:56 pm

Reply to DEEPAK SALVI

Both of you are member.

sachin

January 21, 2010 5:19 pm

I have Query? I am s member of the co operative society where I am residing with my family ie my wife,son & daughter for the past more than twenty years.My daughter wants to apply for a Passport for which we have requested the Society Office Bearers to issue a Bonafide Letter to my daughter that she resides with me?.The new Managing committe has refused to issue a letter in her name stating she is not a member and letter can be issued only to the member? On my request to issue a letter in my name with my daughter’s name included as staying with me the reply was they cannot legally issue such a letter? Are they legally correct can such a stand be taken putting the members and their families into inconvinience on a trifle matter like this? please let me know ASAP?
Reply

b.p.agrawal

January 21, 2010 6:53 pm

We own two flat in chembur mumbai. We have two yellow number plate vehicle Indica car. Can society object parking of this car just being yellow plate i.e tourist cab, since we are having registered business with many company and these two are standby support vehicle to our livelihood earning. Please indicate the charges which society can charge in relation to parking charges of rs100/- for normal cars

B.p.agrawal

Jyoti agrawal

January 21, 2010 6:58 pm

We are treasurer of the society. A shopkeepers has got his shop through gift dead by his father about week of death of his father. The document is registered . Now he wants to be a member of the society but deny to pay the transfer fee of Rs40000/- for shops. value of property is more than 1 cr.he has not paid maintenance charges since inception of the society. He has 4 brothers and 3 sisters and live aged mother. NO NOC from any one. Can we collect transfer of rs40000/- and enter his name as a owner of the shop. He has leased out the property but not given lease agreement, what action can be taken. pl guide us
Jyoti agrawa

Mehul Kachalia

January 22, 2010 9:45 am

Dear Admin,
I have purchased flat when the society is under formation process, I required a NOC for the bank loan. On approaching to the society, they said they cannot issue the NOC letter as its under formation. Me and my vendor had to approach the builder for NOC, off late builder charged the amount in cash. Now the society is about to finish the formation process, they are demanding the transfer charges. Upon calling the builder the Builder says he has not released the list of members and he will include my name in the list of members so I do not have to pay the transfer fees again to the society…
I have 2 simple questions 1. Can society under formation issue a NOC ? 2. Once builder has issued a NOC and charged the transfer fee, can the society again charge the transfer fee ?

ashish

January 27, 2010 6:08 pm

I stay in a co-operative hsg society, my flat is in ground floor, my wife takes tution in the flat, it does not have any benchs for student to sit, nor black board. its just a group tution. I like to know is it permissible to carry on the tution in the flat. Can the society object to it. Please reply.
Thank you
ashish

Pravin

January 31, 2010 12:44 pm

I am a member in a housing society for over 6 years. I have notieced that when 1st AGm was hel that society had funds close to 10 lakhs. subsequently, in 2005 there was a problem with the passage in the society which collapsed i n the monsoon. subsequently the BMC issued the notice to all the members individuallly to vacate. Then society had convened emergency meeting and ti was decided that all the members to vacate and futher course of action to be decided in due course. subsequently i vacated and rented out the flat temporarily in the neighbourhood. Later number of meeting held and no decision could be taken unanimously whether to Build a new building or to reparis existing. I waited for about 18 month and ofter seeing nothing happening majority members are staying back without vacating, i shifted back. Surprisingly not a single meeting held for 3/4 years and no account submitted. In spite of number of request to secretary to hold meeting nothing happened. Now building condition is detereorating every day and nothing is happening in the society. Besides, person holding position as secretary is not a member himself but his mother is. I believe he is secretary for about 10 years. I do not know what to do. There are 12 members with 3 storey building which is about 40/50 years old. Can anyone suggest a solution

chandrajit

February 1, 2010 3:38 pm

hello, sir I have a society at my home as-bahudesha sanstha , and my father was the former of the sanstha but two yrs before he is no more in the world. and i have no idea of the society and i require your suggestion as i h read your suggestions u gave and it is best so i request u to pls help me too , 1. as there are 07 membersin thesocities but all were inactive instead my father and i don’t know much about the sanstha
2. i hv to register this to registar or not? 3. every year i hv to submit the activity of the society to the registor or not ? 4. what i hv to do to change the members of the society ? kindly reply pls

zubin dubash

February 9, 2010 9:09 pm

can someone tell me as per the Co-op Housing Society Act, if the member has not received his maintenance bill for a particular quarter, is he still liable to pay it? and should interest charges be levied on such default to the member?

Author

admin

February 10, 2010 12:24 pm

Reply to zubin dubash

It is the duty of member to pay the charges. In the absence of bill, last bill amount must be deposited in societies bank directly. Interest and penalities can be levied for non payment.

BPAGRAWAL

February 15, 2010 2:02 pm

Dear admn. We need yr guidance on few points–our co op society have 1rk, 1bhk,2bhk,3bhk flats. can share certificate can be issued for equal numbers .or no of shares has some formula related to property size.
2. 12 member residing in a seperate wing called tenant building intends to be not part of the society already registered. only three members had paid maintenace for four months and now they have stopped paying. can they form a seperate society. can they be asked to submit resignation ia std format availble under rule 27 of byelaws. pl email me.

rupali

February 17, 2010 1:15 pm

my is very old it is almost 25 yrs we are living in the soc. ours is a ground flr flat. in 1991 our soc got permission to extend one more room so the people who r having 1 rk after extending they got 1 bhk and others who already have 1bhk flat they got one more room. but the problem is those who r having ground flr flat they got less extended area than others who are living on first flr or second or thrd. now if we want same area like first flr flat what should we do? though we got extra area for our flat it is very less. so i want to know what should we do

sanjeev

February 20, 2010 7:41 pm

dear sir i have given an appt on rent to a mnc & they r u sing it for providing accomodation to their officers in transit . The soc has charged me 15,000 per month as guest house charges fees . Isnt this illegal & what action can i take against them

svs

February 23, 2010 12:13 pm

I am buying an existing flat. Post teh deal the society committee has resigned following a complain to the registrar by an unco-operative occupant and an administrator is appointed. Will this impact my transfer procedures, obtaining an NOC from the society etc? I plan to take a Bank loan, would the bank lend against a property currently managed by a govt administrator?

mahesh

March 2, 2010 7:01 pm

can co-operative society invest there fund in insurance sector

Rita

March 7, 2010 12:02 pm

Dear Sir, We have some families who have recently purchased flats in our society. And have already been granted membership. The flat is under joint ownership of husband and wife, husband being the first name. Our society is about to rejig the commitee. My questions are 1. What are the rights of the new members so formed (they are residing from past 6 months)2. Can they be elected as commitee members or do they have to complete few years of residance?3. Can the wife hold office on behalf of the husband since she is the second in line for the house?

satish thaapar

March 12, 2010 5:59 pm

i have a place at thane it is a industrial chs ,can the society charge interest on incorrect & fraud biills to it member & is there any judgemental passed by court that the society cannot charge interest for issuing incorrect & fraud bills,how can a member be protected by limitation act 1963 section 92 (1) (a) if the dues are pending & member is decessed & till what period will be procted

thank u satish thaapar

satish B. Sakpal

March 12, 2010 6:28 pm

Please give me what are proceduer Act 1960 section 80 (Police procedure) If Old body of the society is not hading over Society Records to the Adminisrator Body appointed by Sub Registrar. Also there
is Order passed by Sub Registar & Tahasildar that All record to be handed over to New Body/Administrator under section 80. But inspite of PSI visit also No record is bing handed over to Administrator Body. Pls. suggest what is to be done further is there any arrest procedure ?

Vicky

March 15, 2010 2:56 pm

one of our know person had got the house property from his ( Cousin ) uncle . the property was transfered on the bases of Nomination form . the Uncle was death .

1) Does there is any registration required . (2 ). Do the known Person has to pay any transfer amount to the society , as a transfer fee, if yes what it should be ?
(3) , does the known person and the cousin uncle (I.e. Daddy’s Brother ) is known as a blood relation .

(4) Now the same property has been sold to a customer , but there is no registration from the X Person to Cousin Uncle nd no registration between Uncle to Known Person .

Please reply would there would be any problem to the new customer who is purchasing the flat .

MEMBERS KRISHNA KAMAL CHS, SECTOR 21,NERUL EAST NAVI MUMBAI 400706

March 16, 2010 12:11 pm

This is about nuisance of playing of cricket and football in the society complex between building no.5 and 6 by some of the boys of the society along with some outsiders and thereby creating noises and mayhem in the society for all the residence of the building residing in these buildings and also for the resident of row houses across these two buildings.
But despite our repeated plea by many affected members/licensee no action is initiated by the society to put an end to this nuisance and rein in these boys. These hoodlums are not only creating nuisance they are damaging vehicles park in the society complex. They are posing threat to building structure by their use of heavy football which they are dashing against our building with great force, as one such strike has uprooted the plaster of outer section of building no.6.Moreover they are also indulging even in eve teasing thereby making it difficult for us to pass the passage to our building. Even boys from outside the society are joining this group in playing cricket and football. They trespassed into our flat by climbing up through our balconies to retrieve their balls; they remove air from tiers of the car parked which obstruct their game of cricket. In the background this prevailing lawless in the society the incident of chain snatching on September 15, 2009 was waiting to happen.

We have drafted a complaint under S.38 of Bombay Police Act and as per S. XVlll (E) of Model Bye-Laws governing Co-operative Housing Society to Nerul Police Station duly signed by twenty members but held back the same to enable you to resolve the issue amicably. Therefore we request you to kindly take serious note of this public nuisance in the society as we have right for peaceful living in the society and this cannot be infringed by anyone. Please issue directive to the Society to take immediate steps y to end this menace in the society complex.

Members/Licensees

Krishna Kamal CHS,Sector 21,Nerul East,

Navi Mumbai 400706

Shridhar Deshpande

March 23, 2010 8:41 am

I have purchased the resale flat at chinchwad pune. While purchasing pre owner has paid 1% transfer fee to society. After 4 months the dues of pre onwer for water bill & land tax has come. thne I want to know whether the society can take the money for paying the dues from transfer fee.If not what is purpose of transfer fee.

Nicholas

April 16, 2010 10:31 am

I am having 50 % share in a flat in Kalyan. My wife is having the other 50 % share in the Flat.
Although i paid the full amount for the flat. i made my wife the joint owner. Now if I want to transfer my 50 % share of the flat to my father as he had paid me 50 % for this Flat, please give me the procedure for this.