Formation of Co-operative Housing Society

By Adv. Vinod Sampat
a) Formation of Co-operative Housing Society
Practically every developer has to form a Co-operative Housing Society at one point of time or another. With the limited amount of options available with regard to management of the affairs of the building i.e. (a) Condominium (b) Private Limited Company and (c) Co-operative Society, (excluding the unrealistic rental housing), it will not be an exaggeration to state that in atleast 90% cases particularly in Mumbai the Promoters and/or the Builders have formed a Co-operative Housing Society. The basic requirements for Registration of Co-operative Housing Society normally is not known to the flat purchasers. It is here that apart from the statutory obligations cast upon the builder, the builder as a friend, philosopher and guide of promoters helps in forming a Co-operative Housing Society.
There are basically four types of Co-operative Housing Societies connected with the housing.
(a) Open Plot Societies
(b) Flat Owners Societies
(c) Tenant Societies
(d) Housing Board Societies.
In Open Plot Societies, members purchase or take one lease a plot of land and themselves construct the building. Due to bureaucratic formalities and lack of specialised knowledge, a few societies are formed under the head of open Plot Societies. When a builder constructs flats and sells them to Flat Owners, the Society when formed is called Flat Owner’s Society. When Landlord forms a Society of tenants, it is called Tenants Society. When a Society is formed by Allottees of flats and building is constructed by the Housing Board Authorities, i.e. Mumbai Housing and Development Board, then the Society so formed is of the type of Housing Board Society. The procedure that should be followed for formation of societies of the above said types is different for different types of Societies. Members who wish to form Co-operative Housing Societies are generally ignorant of the procedural aspects and as a result of the same they have to run from place to place and get entangled in bureaucratic delays.
The procedure for Registration of a society begins with electing a Chief Promoter in a meeting of the Promoter. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer/flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting given at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to be decided by the Promoters.
Normally, the name reservation proposal should be accompanied with the signature of atleast 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of atleast 10 members. If the number is less than 10 then special permission from Governmetn has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach number of 10. It would be of interest to note that the model byelaws define flat as a ‘Flat means a separate set and self-contained set of premises used or intended to be used or intended to be used for residence, or office or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment’. 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. The documents that are normally to be submitted to the Registering Authorities are as under :-
1. Application for registration of Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961.
2. Information about proposed society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed society in Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).
4. A Statement of Accounts as per Form D.
5. Model Bye-laws.
6. Bank Balance Certificate.
7. R.B.I. / Treasury Challan for payment of Registration Fee of Rs. 500/-.
8. Title Clearance Certificate from an Advocate
9. A true copy of the approved Building Plan.
10. Letter of Authority Granting permission to commence construction work/Completion Certificate (if applicable).
11. Affidavit on Rs. 20/- Stamp Paper from atleast 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority.
12. Affidavit from the Chief Promoter on Stamp Paper of Rs. 20/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of agreement made on Stamp paper and registered between the builder, promoter and purchasers of flat.
14. Where the promoter members are firms/ companies, a letter of authority from such firms/companies authorising the promoter to sign on behalf of firm/company.
15. In case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal.
It is the duty of the Registrar to register the society and on registration of the society it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society. It may be of interest to note that in a co-operative society the principle is one member one vote. In a co-operative society the right to be exercised in the general body meeting is a personal right. This is one of the reasons why even a person holding a power of attorney cannot attend the general body meeting of the society. THE quantum of the capital being introduced by the member is not of much importance. Preference should be given for formation of a private limited company if one member propose to acquire majority of the flats in the building.
b) Stamp duty
Present rates of stamp duty for residential premises in the city of Mumbai are RS. 38,750/- on Rs. 10,00,000/-. Thereafter it is @ 8% for the additional value. The rate of stamp duty for shops/Galas/office Premises and Garage even if used for car parking is 10% in Mumbai Stamp duty has to be paid on the agreement Value or the market value of the property whichever is higher. Stamp duty has to be paid every time the flat is being sold. Stamp duty has to be paid even if it is a transfer within family. If the authorities are demanding more stamp duty than the agreement value then a representation should be made to the authorities emphasising the below mentioned points (as may be applicable)
(a) Possession of the premises will be acquired at a later date. (10% reduction in the market value is normally given by the town planners if possession is not given to the purchaser at the time of execution of the agreement)
(b) The duty has to paid on built up are and not super built up area.
(c) If payments have been made in say 1995 and the agreement has been executed in 1998 then the market value of the year 1995 has to be taken as per the principles of Land Acquisition Act.
(d) There are reductions in the market value if the size of the shop is big.
(e) The area is lacking in infrastructural facilities.
(f) There is a defect in the title of the property and therefore, market value will also be reduced.
(g) The officer should be told to inspect the premises and the only the market value should be fixed.
Inspite of a fall in the property prices in the last few years the market value as mentioned in ready reckoner by government has increased by more than 50%. Earlier, for old buildings, land plus construction cost method of valuation was followed by many officers. On account of the different systems of valuations the stamp duty liability could differ substantially as can be seen from the following example.
As per land plus construction cost system of valuation for a commercial property in a building which is six years old situated at A-ward Sr. No. 4(a) (i.e. Madam Cama Road) the market value would be (land cost Rs. 4,200 + 50% Rs. 2,100/- for commercial and Rs. 250/- for construction) Rs. 6,550/-. However as per another system the same would work out for the same year to (Rs. 14,000/- less 20% depreciation) Rs. 11,200/-. For the same premises for the year 1998 the market value would be (Rs. 28,750/- less depreciation 5%) Rs. 27,312/-. Presently, land plus construction cost system of valuation has been stopped. Secondly the market value per sq.foot has been increased and thirdly the quantum of depreciation given for old buildings has been reduced thereby.
At times, it is advisable to file an appeal. The benefit of filing an appeal as per the provisions of the Bombay Stamp Act 1958 is that as of date one can file an appeal without paying any amount as stamp duty. Only a sum of Rs. 300/- has to be paid as appeal fees. The recurring amnesty schemes being introduced by the government helps the duty payers in paying the amount at a later date. As of date the penalty irrespective of the period of default is just 2% per month till the time the appeal has been finalised. The prevailing market value for the year 1999 as is being planned for the city of Mumbai is almost same as in 1998. Marginal relief is given in some of the suburban areas. The recovery figures from stamp duty and registration for the last few years for the state of Maharashtra are as under :
Year Amount in Crores
1990-91 293.93
1990-92 363.56
1990-93 478.12
1990-94 613.08
1990-95 1,157.60
1990-96 1,239.97
1990-97 1,305.17
1990-98 1,658.53
c) Registration of Documents
d) There is a proposal to simplify the Indian Stamp Act & the Indian Registration Act. With the introduction of computers in the stamp offices, the recovery notices are being received faster b the stamp duty payers. AS per section 17 of the Indian Registration Act 1908, if the value of immovable property exceeds RS. 100/- if subject to the exemptions if any right is proposed to be created or extinguished then the instrument has got to be compulsorily registered. The documents has to be registered. The documents has to be registered within a period of fours months from the date of its execution. The parties can go to the office of the Joint Sub-Registrar individually /collectively to register the document. If for certain reasons the parties cannot attend the office of the sub- Registrar within a period of the four months then in such cases the parties can execute a deed of confirmation and complete the registration formalities. The parties should carry their voter card/ passport along with the Alternately, they will have to ensure that two witnesses accompany the. Th registration fee is 1% of the market value of property or Rs. 20,000/- whichever is less. If the value of the document exceeds Rs. 5,00,000/- and the possession has been parted then in such cases the Joint Sub-Registrar can insist for Income Tax Clearance Certificate of the Vendors. It may be emphasised that the courts have held that if the confirming Party has not received financial consideration then in such circumstances the income Tax Clearance Certificate of the Confirming Party cannot be insisted upon by the Joint Sub-registrar. The reasons for the parties not getting back their original documents are
(a) not paying the stamp duty on market value of property
(b) not submitting the Income Tax Clearance Certificate
(c) not submitting the ULC Clearance and
(d) one of the parties not going to the Sub-Registrar’s office to register the document.
After completion of the abovesaid formalities the documents gets indexed. Earlier after indexing the documents used to go to Pune for microcilming. Now the documents are handed over much faster. As per the government guidelines, if all the formalities are completed then the documents should be returned to the parties as far as possible within a period of fifteen days. As far as possible the parties should insist for the certified true copy of the document. THE same is available on payment of a nominal fee after the document has been indexed. It may be of interest to note that the parties can register as many copies of the agreement as they desire with the Joint Sub-Registrar. The documents have to be registered with the Joint Sub-Registrar of Assurances in whose jurisdiction the property is situated. If there is a document for exchange of property then the document can be registered with any of the Joint Sub-Registrars who is entitled to register the document. Apart from the same, for a property situated anywhere in India the same can be registered at any of the four metro offices (i.e., Bombay, Delhi, Calcutta and Madras) of the Joint Sub-Registrar. If a Joint Sub-Registrar refuses to register the documents then the aggrieved party has a right to appeal against such a decision. If one of the parties has not remained present for registration then the aggrieved party can request the Joint Sub-Registrar to issue a summons to ensure that the party attends the Joint Sub-Registrar’s office.
A question that is regularly asked by the person purchasing the property is what is the time limit within which the authorities can recover stamp duty. If an individual had paid the adjudication fee and also paid stamp duty as demanded by the stamp authorities, whether the same is binding upon the department? Well, as per the provisions of the stamp Act even if an individual had adjudicated the document and had also paid the stamp duty as demanded by the authorities then also as per section 53 A, the said matter could be reopened by the authorities within a period of six years. If one has lodged the document for registration without getting the same adjudicated then the authorities can reopen the same at any point of time. As per law as it stands today as per section 32A(5) of the Bombay Stamp act 1958, the time lag is eight years since the date of indexing.

e) Stamp paper
As per the amendment of section 34 of the Bombay Stamp Act 1958, the stamp paper should be in the name of one of the parties executing the document.


  • a good piece of information sirs. i like to ask a question., if a building is built on 100sq.meter bunglow plot land sold by a member of agricuture market purchased by him from cidco and it has only 6 flats, can it be registered as a cooperatve society or association. can u provide the information pls. Many such buildings built are yet to get CHS status. secondly deemed conveyance be insisted upon since the builder has not conveyed the property saying we first get registered, but noot able to register as the registrar office did not register since 2000. what is the way out, in the situation of a bill assented by President of India, the deemed registration to be given if the buoiled to fail to conveyance of property? will be highly obliged if you answe. thanks…g balakrishnan

  • Dear Balakrishnan
    The Conveyance is state subject. As such, 6 members cannot form a society but Association is possible. Maharashtra have mooted Conveyance Bill which is passed and in offing. Builder needs to give conveyance within four months of OC received. Till he gives the lawful possession, he will have to bear all the taxes and maintainance of th building.

  • Dear Mr. Sampat,

    The above piece of information is very useful. Thank you. I would like to ask you this: Ours is a new constructed building and by now most of the flats are occupied barring one or two. The total flats are 19 in the building. As per the builder the society is already registered and will be handed over to us in the next 1 or 2 months. Most of the members, including myself, are unaware of the nitty grittes that we need to know before taking the formal possession of the society. Could yo please guide as to what are the points we need to take care before taking over the society to avoid any problems as much as possible. What are the things that we need to ensure before receiving the possession, as there are still some problems with many flats facing issues of leakage, etc.
    Please guide. Regards.

  • i would like to pose a question. what is the procedure which is to be followed when a flat is alloted to a party interested in a cooperative housing society. was there any law that the stated that it is okay if the buider or owner allots the flat in the absence of an authority who gets the legitamacy from dda

  • Does the registrar create problems for registration of Hsg societies ?Why do lawyers charge on the basis of number of members for registering a society? The work involved for registering a society with 10 members or 500 members must be the same. So why are charges of Rs 1000 per head levied? Is there rampant corruption at the Sub-registrar’s office ? Does Mr. Sampat have any comments on this aspect of registration?

  • Dear Pandurang,
    Actually the charges for registration of a co-operative housing society is just Rs.1500/-. It is the builder or their agents who do not give clear picture to builder are charging for your ignorance. Yes, you are right. Either ten member or 500 member, it do not make any difference. – admin

  • Normally, for all DDA societies, clearance comes from DDA. A contractor doing construction on behalf of society do not have right to transfer. It is done by society.

  • Hi
    i wanted to check with you , ours is a plot in the society on which we have constructed falts and formed aprtments. Now we have some TDR taken and now have a approval from Muncipal authorities to construct using the TDR transfred on our building. The issue which our society is mentioning is that the plot is a leased plot and society will not be able to give permission for the TDR , we want to know the way in which we can resolve this issue.
    Thank you

  • Hi,
    I own a shop in a residential cum commercial apartment in Mumbai. There are about 15 shops and 50 residential flats. It is a registered co-op. Society. I wanted to start a small fast food restaurant in this shop but society’s management committee members did not allow it. They gave different reasons e.g. residents have some objections, we have decided not to allow any restaurant in this premises etc. Please advice me what options are left with me.

  • i have a problem with my society for parking cars. we have 2 flats. and 3 cars. secretary always have some type of problem with us and alwasy tries to come out with some or other thing to harrass us.this time now the society has passed an resolution that only one car per flats can be parked and extra cars to be parked outside building. now the surpirsing part is that . we have 2 side of parking. front and the back. in our society there are about 18 flats and only 6 cars. out of them 3 cars belongs to me.
    all the 5 cars are parked in the front side. and the back side is totally empty. there is no one to park at back side. so we are parking our extra car at back side. whcih they have problem.

    1. i want to know what is the way that i can fight with the society. as they are just doing injustice to us. as there is literally full open space then why shold i park my car outside

    2. i am ready to take them to the court and speding money also. we even informed them in writing that if there is any extra car coming in society in furtuer we shall park outside.

    bt if the place is empty why shouldnt park our car. due to some or other reason they have passed resolution in society.

    please show me how can i fight against them and

    is here is law in co operative society that onl one car per flats can be parked even is the place is empty in the society.

    please reply and i would request you if you can suggests us some good lawyers who can fight this case and drag them to court for this matter. my number is 9819313838 .

  • Dear Mr.Sampat,
    I am one of your older client and having high regard for your advices in past. I would like to ask that in a residential property at mumbai having 2 joint holder ( 2 brothers) and now we would like to take out 1 brother’s name and signature peacefully with full permission from both the holders what is the procedure need to follow?

    Chintan Shah

  • Hi

    There are few doubts in the matter of forming cooperative housing society.
    1. Is the builder has to intentionally cooperate in forming the society or we can do so even without the consent from the builder
    2. Is it NOC necessary for forming the housing society though we had occupied the flats whee in partial NOC has been obtained.
    3. Is it necessary only builder has to be chief promoter

    Thanks and regards


  • Can sale deed document is must for formation co oprative housing society

  • I have given a written complaint to our society about the leakage inside our bathroom , toilet and kitchen from the outerwall due to rain water and water pipe leakage installed outside. The society has not taken any action against that. what shall I do to compell them to take the action or where to report.

  • Dear Sir,

    In case of a Re-sale, before the society being registered or handed over to the members, is the new owner of the re-sale flat allowed to be a part of the Ad-Hoc committee before the builder handsover the society. In our case, the builder has raised an objection to one of our members being in the Ad-Hoc Committee, that too as an office bearer.

    Please advise.

  • Dear Mr.Sampat, I got an one thing in mind that Can 10 or 15 of my colleagues & friends..working in corporates come together form a Open Plot Housing Society, Apply for a land with goverment bodies in Mumbai, and construct a Building..which can occupy all memners in Mumbai. I know this wud be a tough way to go, but in todays scenarion it has become difficult for a person even earning 50 to 60K per month to buy a flat from builders. Can u advise if going on our own will reduce the cost, and which are goverment bodies whom we should approach for purchasing land(i.e Municipal corporation, mhada,etc). I have heard that the goverment bodies give land for their employees hsng societies only..Please advise..Thanks.

  • Sir, The Managing Commitee of our Appartment Owners Association having 112 members has sent us circular demanding Rs.6000.00 Each (Total Rs.672,000.00) for converting the constitution from Association to Co-op. Housing Society. As per the managing committee the expense includes getting NOC from CIDCO of Maharashtra Ltd., Advocate for preparation of documents, to get various documents prepared and under the table payments etc. We are asked to make the payment within Six Months and DPC would be applicable for delayed payment. The committee refuse to provide an Estimate of expenses. We are not against forming of Co-Op. Hsg. Society. But we also want our hard earned money be spend rightly and some of us do not want to be part of currupt practice. Could you please suggest some choice.

  • Dear Sir/Madam

    We are 10 members in a building,6 shops owners and 4 flats owners. all shops owers has registered and paid stamp duty. 4 flats owners not yet. Can we registered a Society without stampduty payment. If it is so please guide. so that I can proceed..

  • Hi,
    Can you please let me know if we need NOC from builder to sell our flat, even after the housing society has been formed?

    Thanks in anticipation.

  • HI

    I have a queries ….Builder has got the oc from bmc office..but the bmc office had told us that you will get the oc once you submit noc from mhada..since our land belong to mhada..mhada has sent us the letter stating that you have to pay the penalty Rs.27 lacs.but builder has put this on society members saying that society members has to pay this amount..kindly help us to know who will be responsible to pay the mhada penality

  • Dear Mr. Sampat, My father in law had made a nomination in my husbands name and my name i.e son and daughter in law in our CHS. After his demise we wrote to the secretary asking for transfer of shares/interest in the flat. The secretary is asking for Will and also an affidavit bearing my sister in laws signature. I have gone through the societys byelaws but nowhere i could see such a requirement of submitting will copy and affidavit from my husbands sister. Do we have to provide a will copy to the society even though nomination has been done.

  • i would like to buy 1 bhk in sidco house. what is the process of brought the house?
    pl explian ?

  • dear sir,
    this information is realy very good, but my one question is that, if a builder pass a builidng plan of 20 flats from Town planning authority and then said builder pass another builing plan which includes 20flats as per Town planning Plan and another 10 flats from Grampanchayat and totaly build 30 falts of said flat. then my question is that in that situation said builder can register tha co-operative Housing society of 30 flats memeber. if yes then How. can he only submits Grampanchayat plat to Society formation Office.
    my email ID is

    • Dear Amit, All the land record including subdivisions and other chain docuemnts must be submitted, since the land has to be conveyance in favour of society.

  • dear sir,
    please clarify wheather prior to formation of society, does the ad-hoc committee have legal sanction/authority to collect maintainence charges from occupants? if the answer is in the affirmative, then is the builder absolved of liability from payment of statutory dues.

  • Dear sir, Thank u for sharing this information. I have 3 questions.

    1•Whether this form of ORGANISATION is suitable for taking care of housing- sub divisions in buildings in form of flats? 2•Whether the system of CHS – managing committee without professional knowledge of building management & maintenance works?
    3•Whether the organisation functions as laid down?

  • Hi
    We are a group of 10 members in Pune. We want to form a society and start looking for land which the society will develop. We are basically planning to take loan from bank for the land and the construction and divide that loan amount into 10 parts to be paid by each individual members.
    Can we do this kind of thing.
    Thanks let me know about this. Amol

  • Dear Sir,

    I have the following query regarding the formation of housing society in our buildding.

    We have 46 Flats & 64 small Commercial shops in our building.
    All the residential flats are sold & the commercial shops are leased by the builder himself or his brother.

    We do not have 60 % for formation of society.

    The builder is non co-operating in formation of society. How do we form the society now..?

    Your early reply will be highly appreciated

    • Even with 46 flats or membes you can make a co-operative society. You need to bifercate the property in due course. Give builder a notice under the provisions of MOFA. Ask for legal help from advocate.

  • Hi, We are carrying out major repairs in our society. We have got a quotation from the contractor including materials but to save on double VAT, we have decided to pay for materials directly to the supplier of materials to save on double VAT. Kindly let me know, what will be the complication or any other issue which can raise in such a scenario. Kindly provide with complete details of the same. 

  • dear sir

    my neighbour operating tution classes in residence complex what action can be taken housing society of mumbai bylaw. d.m.mehta

  • Dear Sir

    i am winner of Mahada Flat at Sakhar Nagar i would like to know procger of formation of society what to do for gating register a society Who decied the name of society or bilding what paper of form required

    • Actually promoters decides the name and do all the formalities. In MHADA, societies are formed by the offiers incharge / chief promoters. For forms collect the booklets and relevant forms from MHADA’s office on ground floor every Monday and Turesday.

  • Dr. Dhruv Vidhate

    I have a flat in a society. This society is having flats 1/2/3 BHKs. The managing comittee is charging is charging maintenance charges based on Bed Rooms. Is this right? I suggested them that the charges should be the same for all as those are for common maintenance. Please advise the correctness.

  • Dear. Mr. Sampat.

    I I am interested in a property in Housing Co-op Society In Rajkot (Gujarat). But i have some question regarding the same.

    1) The society is reluctant in making me member as I am Muslim and society is not formed for particular cast for eg..Zorastrian Society Mumbai is for particular cast. Could you guide me through this.

    2) It is necessary to inform society before purchasing the said property.

    waiting for your reply sir.

  • dear sir i am a member of a coop hsg society. our bldg was constructed 25yrs back and scoiety was formed in 2001 we havent got the conveyence of the land as there is still fsi/tdr potentially left on the land the land owner wants to use the fsi/tdr and construct new building in the same property can we stop him from consructing or can we charge him any royalty to give noc to construct the new building ?

  • we are 8 member want to form a housing society and want to buy land from asansol durgapur development authority, but asst reg of co society saying that housing society will be form after allotment of land from asansol durgapur development authority so we can only apply for land by a simple application is it true?.is this the right process? please tell me the right process

  • we have a total of 84 flats. we would like to form a housing society, the builder has charged us society formation amount and now he is making each flat owner sign sale of apartment deed, we approached the registrar he said to form a society we needed atleast 51 signatures, we got 52 and went back to him, now he says that 25 owners have signed the sale of apartment deed so now the society formation cannot take place. how far is it true? is there a way around because we want to form a society and not sign sale of apartment deed. and how soon are we supposed to sign the sale of apartment deed if at all we have to sign? Please help.

  • Dear Sir, I am staying in High Class Residency Bavdhan. I have two informations to ask.
    1) I had got the possession of this flat 5 years back. We had paid maintenance for two years at that time. During that priod we found that there was no maintenance and hence after two years I stopped payin metainance. The builder is asking me to pay the due amount at 20% interest. What can I do ?

    2) More than 50% of the flat owners had taken possession 3 years back and around 80% two years back. The builder has not yet formed the society. There was no maintenance and this caused us to file for formation of society. We were misguided to register our society in Pune 2 while the builder filed for registration of society the next day in mulshi. While we had opened our bank account it was considered a dispute and we were forced to allow the builder to form the society. The builder has now stopped water supply. His pumps are not working etc. What should we do ?

  • We are in need of a part time experienced manager, who can help the members smooth take over and registration of the Society co-ordinating with the builder and later on managing day to day affairs of the society. Please let us know if any body is available.

  • Hi It’s interesting to read all of these questions put up by some of them are original member in group housing society and some are a group who is intk erested to form a group housing society. I was refering this site related to membership deails. You will be surprised to read this that I have few vacancies in group housing society in Delhi to only professional those have a dream to own a flat in delhi at almost negligible cost ( membership for 3 BHK & 4BHK 1800 sqft & 2200sqft).People can apply for membership those already not having any flat from DDA in thier name at my e-mail “” to reveiw for eligibility. thax anil

  • can a housing socity register without purchase of plot .we are running a purposed co op housing socity.there are 17 members in the we can register the socity , & what is the procdure

  • Dear. Mr. Sampat.

    I I am interested in a property in Housing Co-op Society In Rajkot (Gujarat). But i have some question regarding the same.

    1) The society is reluctant in making me member as I am Muslim and society is not formed for particular cast for eg..Zorastrian Society Mumbai is for particular cast. Could you guide me through this.

    2) It is necessary to inform society before purchasing the said property.

    waiting for your reply sir.

    My email ID:

  • Dear Shri Vinod Sampatji, Thanks for the important information you are sharing with us. I m herewith requesting you that please give your suggestion for the problem which i am facing from last two (02) and 1/2 half year. In my Flat upper side and right hand side leakage problem is there. I also spoke with secretary and secretary also visited two times at my flat and he told me that he will solve the problem. But till date the same problem is and the water leakage is spreading all over the kitchen where fan is running as well as tube light is also fixed there. I also give a letter to the society but no answer come yet not\r any action taken by the society. I want to ask you what should i have to do.It is necessary that complain letter should be have society stamp ?. if the letter is only sign by the secretary an d if the stamp not given by the society then it is valid or not ??. Kindly reply the same. Thanks in advance

  • Dear Sir,
                    We have purchased flats in a project in 1995 in navi mumbai.OC has been recieved . We have 81 registered agreements. Bal purchasers have allotment letters. The power to sign any documents has been taken away by The Honorable Supreme Court of India. So no more docs can be registered.Can a registered society be formed by us. We have got approval for the proposed society.
    Please reply, Regds.

  • shrikrishna bhole

    what precautions should be taken at the bying of flat in unragistered society

  • Dear Sir,
    1.If the entire managing committee resigns then and if members by majority & consensus appoint provisional managing committee if that provisional committee fills up necessary bonds will this process be legal?
    reply urgently…

  • Dear Mr. Vinod Sampat,
    Sir, I am going to develop a 1 (or 2) acre plot which is owned by my family.
    I plan to have 20/ 22 ( or 40) bunglow plots on it.
    I have planned on developing the basic infrastructure like roads and amenities ie, swimming pool and Gymnasium. The constructions of bunglows will NOT be done by me but by the person who buys the plot. I would like to ask you- 1. what are the necessary clearence required 2.which authority has to be approached for the same 3. what will be the expences for these clearences 4. Is there anything in specific which I should keep in mind before or while doing this project
    Awating your guidence , Thank you.

  • we have 80 rooms is our building can we form a registered society ?????
    we stay in Phagdi system 

  • Sir ,
    i want to know can a society be formed in Pagdi System building,our building is around 100 years old and the tenant are planning to get it redeveloped by some builder so can this society help us in getting the building redeveloped bcoz our landlord is least interested in getting our building redeveloped.
    plz reply sir 
    my email id is

    • Dear Avinash,

      Did you get the answer for your query as we have same issue. we are looking for a way out for same query as you have posted. Kindly reply!

  • Balwant R. singh

    I,am tenant of Lease Building ofBMC( Cess proeprty) whihc is proposed for redevelopment by landlord who is also Developer and Buidler. I, would like to know whether any NOC is required from landlord for formation of proposed co-operative society before re-development

  • The article talks about “if the number is less than 10 then special permission from Governmetn has to be taken.”

    In our building, we have only 9 flats and we wanted to set up a CHS, however when we contacted some registrars, they expressed doubts as minimum members required are 10.

    a). I would like to know if there is any society you are aware of with less then 10 members (Can you share their details as we would like to get guidance from then)

    b). Who would be the appropriate government authority to take this up with?


  • After receiving letter from dy registraa with name regstration and instrusction to apply for the society registration we have submitted the aplication form attaching all the necessary documents on 22-04-2010. Now how much time dy registrar will take to register the society. Please help me in this matter.

    (chief promoter)

  • ghanshyam srivaswstva

    Dear Mr. Sampat,
    Its regarding society registration with dr registrar MHADA Mumbai. We after getting our buildings name registered we on 22-04-2010 applied for society registration along with all required documents  within the period as instructed by the dy.registrar mhada mumbai. Now please tell us how much time will be taken in this procedure.

    With thanks
    Ghanshyam srivastva
    (chief promoter OMKAAR C.H.S.proposed )

  • gayatri vichare

    i would like to know that if society was alrady preposed by name , but builder was not making chs b’couse of some reson so that time flat oweners can make the chs sepretly wise wing and defferent name is allowed or not in registrar office so please guide me poper.Thanks

  • vidyadhar argade

    Can a member purchase another plot of land in the same society? (i.e. hold two plots?) What does the bye laws/society act say about it?

  • tapan bandyopadhyay

    we are residing in a complex at kolkata, dum dum, nearly 110 flat owner , we want to register our owner association , would any body suggest me which office of kolkata has to be contacted, pls send the reply.

  • vijendra choudhari

    I want to know the cost for the registration of co.op.housing society at Mumbai (mulund-w)

  • what is the procedure if their is only 6 flats in the building and want to form a coop society? if not, what kind of body to be form to run the day to day business of building expenses and income?

  • I WOULD LIKE TO KNOW. To let out the flat in Mumbai, what are the requirements. Do we have to get permission from Secretary or just intimation is enough. 2. Amount flat owner has to pay to the society.3. on sub letting do they become a member of the society. 4. Can they later claim tenancy rights

  • i have soceity registartion no. of Mira Road building, can i find the survey no., plot .no. of that property

  • I buy a flat the society is not yet regestered . The building constructed about 11 yrs back. it is never maintained and badly broken pillers and beams, there are abt 22 flats , recently builder sent a notice saying that it is registered and want to handing over the society the papers r ready. wat r the pappers he will suppose to handed over, there is no boundery walls, any provision for maintanance from his side, pls suggest wat we taken care the handing over taking over procedure. If we go its maintanane it is broken our backbone, pls give us good suggession, hww we go ahead? thankyou pls reply as soon as possible.

  • Suggest me a Book on HOusing society Bye Laws & procedure

    Name & where it is available

  • Dear Mr Sampat,
    We are having only four flats and there is good association within till date. But in future to assure to go things properly, like maintaince and common expenses how the legal body can be formed which will take care of common interests of flat owners.
    Also builder kept a clause in agreement that he can claim additional FSI if sanctioned by govt body in due cource. Kindly tell me how this will impact on our ownership ?

  • Dear Mr Sampat,
    What are the list of documents I should check from builder before I go for registration of a flat ?

  • We have complex where 3 buildings are constructed (2 are under construction and 1 is already occupied. Builders wants to form common society for all 3 buildings since there will be common amenities such as swimming pool, club house etc. My questions are as under:-
    1. whether we can have three different societies and one common federation or society to look after common amentities. 2, Whether property title will be transferred to cmmon federation or to individual soceity

  • Hello Adv. Vinod Sampat, It was very nice of you to put up this blog. I live in Pune in a bldg having 32 flats. It is currently known as a condominium since all flats have a Deed of Apartment. We are looking to form a CHS. Can you please advise how to go about the formation of the society. Thanks.

  • We have a very intersting situation in our BYE LAWS

    1. There are clause in the Bye Laws which state that there is no differentiation amongst the members. And that Shares are issued in the joint name and all the names are constituted as members.

    2. Another clause mentions that No member unless he has defaulted on paying his membership fee or any fine posted by Association can be excluded from any activity of the Association.

    3. Another clause on Election states that “Board of Managers will be Elected from amongst Owners”.

    Elsewhere it is stated that Voting Rights are conferred upon the First Named in the Share Certificate.

    Some of our Residents are contending that only First owners can contest election as second owner can not vote.

    They further state that Share Certificate order of name HAS to be same as Sale Deed Document. Their view is any difference in this order of names should be treated as falsification of document and thus an offence under CrPC 463/4.

    Incidentally concerned members have themselves served in the past as Secretary (despite being 2nd owner) and President (defaulter on maintenance charges).

    What should we do? Is there a remedial for us ?

  • I am from Vadodara, Gujarat pl. give me list of by law for co-opt.hou. serv.

    Mumbai and gujarat law both are same?

  • During society formation in our society a member has not submitted a copy of the original stamped agreement copy .He has only submitted certified copy from the sub-registrar office .Now on subsequent enquiry we have found that the original/butter copy is also missing from the office of the sub-registrar.
    How does one deal with this situation as this member claims one of the common society terrace belongs to him .Hence it is very vital for us to get copy of the original documents.

  • we are residing in a complex at kolkata, dum dum, nearly 50 flat owner , we want to register our owner association , would any body suggest me which office of kolkata has to be contacted and the documents required, pls send the reply.

  • Pls. clarify : Can a joint holder of flat alloted by Mhada become an associate member by default without undergoing the legal formalities of filing application for associate membership after regitration of the society. Can such associate members become committee members and two years period do not apply to such associate members.

  • The first committee elected has is in the seat for more than one year ,but have not filed indeminity,has not put up name boars ,has not issued share certificate ,has not deducted sinking fund,repair fund and have voilated all the mandatory provisions required by the Societies act and the bylaws and have still continued to be the committee members . The Chairman is the joint owner of his flat alloted by Mhada ,,but has not complied the legal legal formalities of an associate member but still claims that everything is in order. Pls. advise if he is legal to be the chairman and everything is in orderinspite of all the voilation.


  • I would want to know that how do I find out if the builder has not sold the same flat to someone else as well. Many builders are now doing this, by selling the same apartment to more than one buyer! So how Do I d\find out the same??

  • I would like to know how many peoples’ signatures are required in percentage of total no. of flat owners to apply for the formation of a society? Our builder tells that 100%. Is it true?Our appartment is in Navi Mumbai & the plot is tri party agreement plot out of 12.5% quata . Please reply in details.

  • Resp. Adv Sampat, Thanks for the information prvided by you. I have purchased a premises (1100sft), in a building, having two storey. first floor has been purchased by me during 1999. On ground floor, there are three shops owned by three different persons. Another one Gala and one flat are in possession of the owner of the building. Thus the entire building has six tenaments, two of which are in possession of the building owner. The total FSI has been consumed.The owner has let out the basement to some antisocial illegitimate users. He also has let out the terrace for display of hoardings. Will you please guide us whether we can form and register Co-operative Housing society(CHS)? & after formation of such society, whether it will be oligatory for the building owner, to hand over the possession of the Basement, terrace, and surrounding open space to CHS. Please let me know about a law-book related with our problem.

    I seek guidence regarding another related problem. Terrace of the premises turns into a ‘swimming pool’ during rainy season, as the terrace slab has no proper slope . This results in unbearable problem of leakage in my premises. The building owner has neither rectified the problem himself nor has agreed to sell the terrace to me, so that, I could errect a whether shed to get rid of leakage problem, permenently. This problem also would be solved if CHS could be formed and poseession of the terrace would be handed over to CHS.

    My email ID Tel. 02355-252517. Cell 92700 59947, 94220 52170

    I will be highly obliged if you guide me in this regards, and Pl. let me know your postal address so that I can consult you in person. Thanking you.

    yours sincerely,

    Dr. S D Sane, A/P Chiplun, PIN 415 605

  • We have complex where 2 buildings withl 7 wing i.e for 4wings for B and 3wing for C has common society for all 2 buildings since there will be common amenities questions are as under:-
    1]. whether we can have two different societies 2] can we operate different bank a/c wing wise?.3] can we take new registration for b wing and c wing seperately since water and elec chgs wing wise ?

  • sir, can you guide me also in the process of registration of housing society, our building has 9 flats only, located in navi mumbai. who is concerned authority, his address and process to form society for 9 flats. there is no car parking garage to reach no. 10.

  • We stay in Manasarovar, Navi Mumbai.
    Our building consists of 56 Nos of Flats. where 26 Flats are owned by the Gaon walls. ( the local people who’s Land was developed) Now its been 3 years Builder is not doing the registration, due to which we the owners are facing problems of water / security / sweeper. 
    As no maintainance is collected.
    Can we put pressure thru Legal Terms on Builder to register the Society.
    Also is it mandatory for every resident to pay maintainance after th society gets registered.

    Please advise.


    Amit Nimbalkar

  • i have gone throgh your note and found it very informative and usefull thanks

  • Shreeyash Deshpande

    Dear Sir, 1. Please advise me if there are three different buildings out of which two are are separately registered & one is unregisterd due to construction in progress, but the number of occupants is exceeding to the minimum required number to form a society. Can the members of this building have the rights of a registered society till it gets registered?

  • as per co-operative housing society bye-laws what is the hight of sheds premitted in open space terrace?

  • Flat is hold by my wife and she gave a power of attonery for the attending the meeting and election of the society and other issue related of the society. Can valid this power of attonery ? if yes under which clause and section is valid.

    Kindly guide us .

  • Sunil Suresh Jadhav

    Dear Sir,

    I want to know there is book avelebal for Low of gujarat state co.opt.housing service from which place we receive same? pl.give me add. – Regards, sunil jadhav.( Mob.09825012528) – Pramukh, A-4 saibaba Apt. Vadodara.

  • Firstly must say very informative, however as per the article “if the number is less than 10 then special permission from Government has to be taken.” Our building located in Seawoods, Nerul New Mumbai, we have only 8 flats and we wanted to set up a CHS, the Builder is ready to do the same… however he has expressed doubts as minimum members required are 10.
    a)So he is asking to build 2 shops below not a part of the original plan so that he reaches the magical figure of 10 numbers

    b). Do you know any society that is formed with less then 10 members (Please share their details as we would like to get guidance from them)

    c). Who would be the appropriate government authority to take this up with?

    Savio D’lima (

  • 1)Can Returning oficer extend last date of nomination to managing committee in the case of inadequate response?

    2)Can a member propose /2 more than one candidate?

    3) Cand a member exercise vote in favour of Two persons?

  • I want to know the cost for the registration of co.op.housing society in Pune. We r residing in a building of 15 flats of 595 sq. feet each please reply

  • We want to know how to rectify in the name of the co-op. hsg. society to premises ???? please help

  • I am staying at dadar in co-operartive society and it got registered in August 2005. Society has three wings with single registration number and only one entrance. But before registration for each wing builder made separate accounts of maintenance. On this point two members of one wing raised point that there should be separate society of that wing. I haven’t heard such incidence anywhere that after registration of society once again any wing can create separate society. Can you guide me whether there is provision in the law whereby three wings of same society can form separate societies of each wing after earlier registration of that society ?

  • I have purchased a flat at KDMC (earlier KMC), District Thane (MS) in my own name on ownership basis from a builder of Mumbai 17 years back. The builder installed a 440 V, 6-Way Feeder Electrical Pillar near by my Flat on Ground Floor (2 Feet), other side being the road. The trench is open and is required to be dug to lay out cables. Water accumulating in the pit and trench caused damage to the walls due to capillary action of water. It has become habitat for insects, rats , etc. On 26/02/2011, I visited the site and found that there is no improvement to rectify the faults eventhough I had severally requested the builder and the concerned authority to shift the Pillar either on back of the flat or in the Garden in front of. The MSEB, Kalyan had submitted an estimat to the builder but the builder refused to pay and ignored to carry the work. It passed about 14-15 years and in between, the builder / developers formed a society and got registered from the concerned authority. The authority / registrar sitting in the room approved the registration and slept. None of the committee member of the society tried to improve condition of my flat but enjoyed using the power supply from there. The MSEB has disconnected power supply from my flat and removed the Energy Meter long-long back.
    In addition, the society has made store of its office and the watchman enjoy the dirty flat eventhough main doors, windows all have been broken by them.

    The present Administration of KDMC has claimed/asked for maintenance charge by issuing a notice. I informed the matter to him also and he surprised about the situation. I asked him for By Laws (may be termed as Memorandum and Article of Association) of the society formed but he told to buy from open market. I do not think, how the book purchased from market will help me about negligence on the part of the whole authorities?

    I seek an advice on the above situation.

    I am asking E. Mail ID of the concerned authority of KDMC (it is not being displayed on Web site) but there is no effect on them

  • I have purchased a flat at KDMC (earlier KMC), District Thane (MS) in my own name on ownership basis from a builder of Mumbai 17 years back. The builder installed a 440 V, 6-Way Feeder Electrical Pillar near by my Flat on Ground Floor (2 Feet), other side being the road. The trench is open and is required to be dug to lay out cables. Water accumulating in the pit and trench caused damage to the walls due to capillary action of water. It has become habitat for insects, rats , etc. On 26/02/2011, I visited the site and found that there is no improvement to rectify the faults eventhough I had severally requested the builder and the concerned authority to shift the Pillar either on back of the flat or in the Garden in front of. The MSEB, Kalyan had submitted an estimat to the builder but the builder refused to pay and ignored to carry the work. It passed about 14-15 years and in between, the builder / developers formed a society and got registered from the concerned authority. The authority / registrar sitting in the room approved the registration and slept. None of the committee member of the society tried to improve condition of my flat but enjoyed using the power supply from there. The MSEB has disconnected power supply from my flat and removed the Energy Meter long-long back.
    In addition, the society has made store of its office and the watchman enjoy the dirty flat eventhough main doors, windows all have been broken by them.

    The present Administration of KDMC has claimed/asked for maintenance charge by issuing a notice. I informed the matter to him also and he surprised about the situation. I asked him for By Laws (may be termed as Memorandum and Article of Association) of the society formed but he told to buy from open market. I do not think, how the book purchased from market will help me about negligence on the part of the whole authorities?

    I seek an advice on the above situation.

    I am asking E. Mail ID of the concerned authority of KDMC (it is not being displayed on Web site) but there is no effect on them.

  • There are 12 flats in our cooperative society in Kolkata. There is a cellphone tower on our terrace. Four to five members want that tower dismantled against 7-8. If the matter comes to vote will the majority win?

  • Resp. Sir,
    Please advice me on following situation, I’m staying in Pune & facing some problem as a flat owner. We have 8 buildings. Each having 7 stories + common amenities complex. At the time of possession builder has form a Register Apartment condominium for us. Now more than 60% of peoples wanted to form a co operating society instead of running Apartment Condominium. So can you suggest us how we have to go forward for CHS formation? What will be best approach for CHS formation please mention all step by step? How can it possible to go forward?
    Please email me all details on

    Waiting for your suggestion …..

  • Our’s is very old colony (wadi with almost over 80yrs of history) in south mumbai, all members are staying on rent. This property has been recently purchased by well known builder, who now wishes to go for redevelopment. However we (most of the residents) feel that the owner-cum-builder is not giving us the fair deal. So we are planning to form a society and has accordinly applied to MHADA. The idea is once we form the society we will get a competitive builder and then go with the one that provides us the best deal (including the owner-cum-builder). Basic question, is this approach correct are we doing right (keeping the time factor vis-a-vis our old building conditions)? Has any such cases being filed with MHADA has seen light of the day?

  • pl. mail me the adress of registrar of coperative housing society in suburban mumbai.where is the office located and postal adress

  • We have form a society of just 7 members. Is it OK. Also i want to know whther it is compulsory to have one lady member as committe member.

    And we have to take stay on mobile towers on our residential bldg. how to do

  • Sir, I am residing in Nerul, Navi Mumbai. Our building has 16 flats and 3 shops. Most of the flat owners and shop owners have acquired the flats and shops in the building in the year 2007. Since then we have had been persuading our builder to form the co-operative society and after a long waiting period of 4 years he had formed the society which he says. I want to know while taking handing over of the society what are the requirements which the owners of the building will have to check like any statutory dues or other things…..secondly what are the documents the builder will hand over to us which proves that the society have been formed and registered..
    Can you please guide on the subsequent events after society is formed and registered.

  • We purchased flat from builder 10 years ago but he didn’t make deed of declaration of the said flat.But now he offered me to come for deed of declaration as well as deed of apartment. We are not interested in apartment .We want to establiSh our own co operative housing society.What should we do if the builder is not ready to form a society?

  • We have applied for society formation in non cooperation. We had last hearing on 8th march. but till now we have not received any judgement from the registar. We have send two reminders. we feel that registar is involved with builder and avioding or purposely delaying the society formation. Kindly suugest what action shall be taken. (

  • Dear Sir, We have total 81 flats in our 5 buildings named as Siddhi Park by Builder. He has declared it as an Apartment. We all flat owners are ready to form Co operative society. We our own can form the society?? Can builder make some problems?? We have recently purchased the flats (within span of one year). Is deed of declaration (for individual flat) necessary for society formation? Or builder can legally make common deed of declaration (one each for building)??

    Please guide us. Prasad Khare , Pune

  • The sociery is not formed still now from 2000-01 because the flat ownersare under pressure of Builder. Due to non formation of co-op. housing society, it is very difficult to maintain the building properly.

  • Sir,

    I am resing in Pune. The sociery is not formed still now from 2000-01 because the flat owners are under pressure of Builder. Due to non formation of co-op. housing society, it is very difficult to maintain the building properly. Also the flat owners are not coming togather for formation of society because they are not in condition to face builder. Pl. advice me, what can be done to proceed the society?

  • Sanjay Khadilkar

    Our society was formed in 2004 with 39 members in 2 wings. Now, the same builder ( Chief promoter of our society ) has developed another wing adjacent to our wing in same plot. My question is 1. Whether flat owners in new wing developed by builder will be merged in our society or 2. Can there be a separate society for new wing 3. Can society oppose the builder for adding new members in our society

  • pl guide me on the rules and regulation of the chs act step by step details will b more benificial to me thany

  • There is a MHADA PLOT which was purcheased by the proposed society members in auction and at that time the stamp duty and registration for the construction of the building was paid. On the basis of agreement between the society/ developer and MHADA, the building construction rites were given by MHADA. They have all municipal clearance for contruction and completion of the tower. They have also permission from MHADA regarding adding up of new members in the society who will but the flats.
    The builder says that there is no need to pay the stamp duty and registration fees as they have already paid. The buyer will be alloted the allotment letter and issued shares certificate. please comment on this and send the reply on my mail

  • Sir. We are a proposed co-operative society. We had formed proposed society a year back. We have no co-operation from the builder for the formation of the society as we requested the builder for the required documents which are required from the builder. In such a case how do we form the society?

  • Is it not possible to Regsiter The Co-Operative Housing Society Under the same Name in same area or wht ? i.e Registar says that the opted name is already Registeres so apply with new name. If so we want to register with our Bldg name i.e Riddhi co-operative housing society , wht should we do now ?

  • Hi sir, I want to register propose co-operrative housing society in Mulund ( Mumbai ). Can u help me out, plz send me detail procedure for registration. our mail me your contact number.

  • Hi I have purchased resale flat in co-operative society. However there was dispute between tbe builder and society. There dispute went to the section court and again builder had made appeal in High court . the point of dispute is about the dues and society is not admitting the new members who has purchase the flat in new buldg. developed by the builder. the matter is pending in the highcourt for last 10yrs. the society is not admiding us as memeber and not issuing share certificate under pretained that matter is subjudice. We are such 85 flat owners in 10 building devloped by the builder. Each buiiding managing day today affaires on its own. we are w/o titileproper for last 25 yrs .Which authourty we must approch to get proper justice. pl send me tthe reply on my email id . Mr S.Y.,JUVEKAR

  • bilding wise account is posibal and total 2 wing and registration no are same plase advice me

  • pl how many franking charges of authority letter for housing societies income tax scrutiny

  • how many registered housing societies are in mumbai

  • We have 3 Towers (Building) that are adjacent and joint. Each is of about 20 Floors. Builder has proposed to make single CHS since his contention is common Entrance, Common Fire System, Common DG Sets in case of Power Outage etc. Whereas One building wants to make seperate individual Society and insists to have common Federation / Apex to resolve all the issues including Open PArking through Apex. Builder has objected to have different socities. He feels uncomfortable as Federation / Apex / Individual society can create problem for him in future constructions. What do u suggest??

  • Sir,
          Ours is a re-developed building. We have been staying here for the last 6 years. The builder is also staying in our building. He is not interested to form society and is enjoying the entire common area like his private property. He is not responding to our letters. 
          So without his permission can we go ahead and form co-operative society. Please explain us the process.

  • I purchased new flat in Apr, 2008 directly from the builder. Till now the builder has been saying that society registration procedure he has started & but he was not willing to give the control of society to the members. Now society members have approached the registartion office & further proceeding is carried out. Now I came to know that the builder then during the registration on 20th Jul, 2007 has not put my name in the members of the society or builder shall have added my name in the list of members after the purchase of flat in Apr, 2008. I have already paid the builder the society registration & membership charges during the purchase of the flat. Now formed society is saying me to pay membership charges to the society & become member. Society is asking Rs. 25000.00 charges.

    My question is, why should I pay the charges which I already paid to builder for the society membership again to the society? kindly clarify.

  • I have purchased a row house from the owner. The society is not yet formed for the premises since 2006. Is there any rule which specifies that the builder has to form the society within certain time limit? If yes then how can we compel the builder to form the society? Can we take any legal action against the builder?

  • I have purchased a shop from a builder. The builder is making delay to give the posession letter as well as sale deed. Builder is telling that the sale deed will be done once the society is formed for all the members. I don’t know how much time it will take. My queries are 1. Can a shop be included in a housing society? 2. How can I make the builder to form the society as quick as possible?

  • can a flat owner in a registered residential society who is residing elsewhere run office or other commercial activity in his flat or allow someone else for the same?  in other words  can a flat registered for residential purpose  in a registered society be used only for commercial purpose?

  • I need following information regarding formation of Apex Body/Federation of co-op. Hsg. societies in Mumbai.
    1) Are there any basic rules/regulation or Bye-laws laid down by Govt. of Mharashtra. 2) How the indivitual societies are given representations on tha Apex body/federatio-What is the basis-equal or based on number of Flats in the individual Societies. 3) What is the minimum number of societies required for the formation of Apex Body/Federation?



  • It was very interesting to read your article on formation of a society and indeed the information was very simple and lucid…
    I seek your advice in regards a Flat that I recently purchased in Goa. The Apartment is aprox, 18 years old but in good condition. There are only five Flats in the Apartment. These are ownership Flats and each flat owner has equal right to property on which the Apartment is built upon. My question was – is it possible to form a society with only five families, if not, any other solution to form something that would help in maintaining the Apartment. Any kind of information/solution, would be highly appreciated.

  • sir
    kindly give us guideline for making our flat owners society.
    Our promoter has not handedover the total complex. We have purchased ownership flat from last 5 yrs but we r unable to create flat owners society due to non cooperation of promoter. Our flat is at howrah westbengal.
    Please guide us for necessary steps.
    Thanking you

  • I read UR site & find much useful information.Actually we live in new flat delivered by builder before 6 month In BARODA. & we wish to form society. There are 12 flat ( 8 2bhk & 4 3bhk ).We want to know which type of society should we form. What is the procedure ,? Which document we have to submit ?
    Could u mail us Complete detail for Registration of same ?

  • I have purchased a flat at 2002. I have not registered my flat at Mhada because at that time i did not have a ration card which i had to submit for registration. Also the builder told us that if you do not have an intention to sell the flat then you do not have to do the Mhada registeration. Now, I have my ration card and I intend to sell my flat. What should be done now. what will be the penalty?

  • Sir, We have purchased the flats in one of the Housing Complex constructed for staff of Air line, whcih is located in Navi Mumbai. Now we would like to process the registration of the Co-Op Housing society, we are 255 memebers who have recived NOC from CIDCO. pls guide us in the matter or advise us to whom to be contacted for the said process . Regards

  • dear sir, our building is constructed in 1996.we are nine flat owners. now we want to register the hsg society. how we should procced.

  • hello.. i am residing in mumbai(ghatkopar). my building is co-operative society very old approxly 45yrs old. now in our society many of residents want to go for self redevelopment of our bldg. so i want to know which are the rules, regulations, or acts applicable for the said redevelopment through builders or by our own i.e. self development.

  • Thank you for your exchange of information to the needy. Will you kindly clear my doubt. Can a partner of the builder (Partnership firm) who does not hold any unit (flat/shop/gala etc) in the building sign as the Chief Promoter for the formation of the Co-operative housing society? Looking forward to your reply at the earliest.

  • can General expences amount complesory give to society’s, which was made by secretary OR Chairman…i.e. parking koba, building colour and maintenance etc.

  • Respected Sir,

    Our Building is constructed 30 years ago under Gram Panchayat Act of THANE municipal corporation. Now after an long argument the flat owners are agreed to form and register a co op housing society, The lease rights is lies with a near by mosque (as per landlord’s will) there are 48 flats out of which only 14 flats are registered with the Thane municipal corporation, no one knows the builder’s whereabouts. 

    Kindly suggest the way forward for proposed co op housing society. We have been to various lawyers but our money is vested without a solution for this.  

    Your revert is appreciated and thanks in advance.
    My cell no is 9323202991 

  • Respected Sir,
    Our Building is constructed 30 years ago under Gram Panchayat Act of THANE municipal corporation. Now after an long argument the flat owners are agreed to form and register a co op housing society, The lease rights is lies with a near by mosque (as per landlord’s will) there are 48 flats out of which only 14 flats are registered with the Thane municipal corporation, no one knows the builder’s whereabouts. 
    Kindly suggest the way forward for proposed co op housing society. We have been to various lawyers but our money is vested without a solution for this.  
    Your revert is appreciated and thanks in advance.My cell no is 9323202991

  • Dear Sir, I am a member of Cooperative Housing Society (CHS) in Mumbai. CHS Secretary and Committee members have allocated parking spaces to and written numbers on the open space. I have got a car and they are not allowing me to park the car in the open space in our CHS. I suggested them to either 1. allow parking on First Come Fist basis or 2. to allow parking on rotation basis where all the members are asked to park their car on road on Rotation Basis so that all members share the pain and it is not unfair to any one member. The rules should be FAIR and EQUAL. However, the Secretary and Committee members already have the parking and it appears that NOBODY is willing to help. PLEASE HELP me with alternatives so that I can claim my right to park the car and do not accept this UNETHICAL, UNFAIR , UNEQUAL and UNFAIR practice followed by our CHS.

  • ganesh balu ghangale

    i want to know how to make a housing society and what document to submit and where it will be submit
    i living in chawl as a owner. in chawl we having a 18 room with individual owner present ,
    so please give me a guidence about these, i will waiting for your reply
    thanking you

  • I have recently purchased a flat under construction in Goa. Some of the flat owners are not in favour of forming the co operative soceity. I feel it is legally mendatory to form the soceity. Is it so?

  • If there is one society for two wings – i.e. A and B. All the expenses are made wing wise seperately where as common expenses are shared. If the exterior wall of B Wing is damaged then whether the expenses has to be incurred by B Wing or from common account.

  • hello.. i am residing in mumbai(ghodapdev-Mazgaon). my building is co-operative society 2yrs old. it’s BMC plot with 33% reservation of Open market. Our Builder Completed 19 flr but still we not sign MOU agreement
    & our advocate not take any responsibility of agreement. we have 90 tenant & 10 shop. we send letter to builder for Agreement but he still not replied can u gave mi advice for legal Activity becoz 90 tenant & 10 shop on fire.
    we make new working committee becoz Builder & Advocate not gave response to OLD committee… pls advice us we are waiting becoz all tenant life on fire. pls reply as soon as possible.

  • Dear sir,

    i purchased 3 plots together from land developer and i am making the flats in the land. at present there is no society . but the developer he is planing to make the gate and securities in the main entrance. in my record i have the right to use the road Independence. it means this road is fo all the land owners.with out permission from the land owners he is making gates and he is planing to make society there. with out our oermission he can do it or not. how i can face

  • Sir, In my society, we are planning for a bore-well to reduce usage of BMC water to support water problem in mumbai,but i hv a doubt, if we go for a bore-well with BMC permission, tomorrow BMC will reduce the qty of water which we are getting now. if yes, we dont want to go for borewell, pls adv.

  • If a soceity is registered for last 12 years and the promoter /builders still have unsold flats in it and now are selling the flat . Can the Society charge transfer fee. Is there some bye law that covers this.


    we staying in rent building in mumbai bhuleshwar so we want make co oprative society what is proccedure we are ten member

  • Hi,
    I live in a new housing society in Mumbai which got it’s registration done few days ago. Till now we had an ad hoc committee comprising of around 25 members to manage the affairs. Now, we’re in the process of going forward. I have a question – how do we form the new management committee? Does it have to be elected or selected? It’s a large society and some of us believe that the 11 member committee should be elected whereas some others are suggesting that it should be selected from those who’re interested to be part of it. Please clarify.
    Warm regards

  • society is having problem regarding my, please guide me that should i continue my tuitions or i will have to wind my tuitions because of societies objection.

  • Sir, The builder is noy forming the society and delaying the process from last 2 years.What are the step that can be taken to pressurised him to form the society?
    I live in Navi Mumbai and the building is under cidco approval.

  • Dear Sir,
    In a society if a member has more than 1 ownership flat will be be eligible for multiple voting rights. Our society is co founded by landowner and builder and the land owner has been allocated 19 flats. We hv totally 48 flats in the apartment. Will he be allowed to legally cast 19 votes ? This will greatly affect the running of the society as per the other owner agendas. Kindly advice.

  • Dear Sir we are purchasers of new flats in a redeveloped society in Andheri (W), Mumbai.  The builder of this society has failed to provide OC for the new flats constructed over the original 4 floor structure. Making this as an excuse, the committee has refused to accept us as the members of the society. After adequate consultation, in November 2011 we submitted our membership forms with the cheques for membership fees to the committee. 3 months have passed and the committee is still to deposit the cheques, make us members or raise any qualifications on the documents submitted to them. We have been regularly paying the maintenance bills to the society. However, the bills are being issued to respective flats without the mention of flats owners’ name on them. In absence of any co-operation, can we refuse acceptance of maintenance bills on this premise? Please advice.

  • Sir, we purchased 2BHK in a Co-op housing society on loan in 2003-04. The stamp duty was paid. we recieved original documents in 2010 on completion of loan. However, it has now come to notice that the house is not registered. infact none of the 80 houses were. 3-4 people got them registered before reselling. we are told stamp duty will have to be paid again on registration. We remember having paid money to (additional bank loan disbursement) builder for stamp duty, registration and legal charges. Now do we need to pay stamp duty again? Is it buyers responsibility to ensure registration. please advise.

  • I am residing in Mumbai. The society is not formed since 2007 as builder is delaying the formation saying once his all building would be constructed he would form the soceity, hence we all society member had the meeting on this and wanted to form our society so could you please advise us the procedure as how to go about the same

  • we want to register a new society for open plots what will be the procedure can you mail all the details

  • Sir, I am the Chaimran of a co-op hsg soc. we have 21 such registered ( since 8-10 yrs )societies divided in our complex into three rows of as per their phases of completion named as phase1-8 societies ,  phase2-5 societies and phase3 – 8 societies.  We had a registered apex body / federation which was active almost from 2004 to 2007) Due to financial and some reporting and addressing  issues a few members of phase3 who were in the committee of the federation resigned and demanded to form a new federation only limited to societies of phase3. this dispute lead to a court order putting a stay on all financial activities of the existing federation and since 2007 till date there has been no maintainance of common utilities like internal street lighting, garden maintainance, security at the gates of the complex, club house activities etc. The order has also asked to form a new  body from each of the two groups and start to operations. But the committee members of the phase2 and phase1 onbord the federation have brought a stay on this order. Seeing the poor state of the complex, lot of new faces  have come together and are planning to desslve the exsting federation and form a new apex body with new faces. In such a scene,  My question is –  How can we peacefully dissolve the existing federation. How securely is  the federation committee protected under the circumstance if all the 21 registered societies give them a letter asking them to leave their chairs.    What are the by-laws of dissolving the federation committee that has been inactive for more than 3yrs ?   Requesting your advice.                 Thanks in Advance.  

  • Respected Sir,I am staying in Mumbai,We have 4 buildings viz 3 towers of (18) floors & 1 (7) storey building.We were given a possession in 2008 & had paid maintainence for the future 18 months.
    My Questions are 1> The builder has continued seeking maintainence from us & has for some reason or other not allowed society formation,The amenities provided very less & the maintainence cost are very high viz Rs.2.75 per sq ft,should we keep paying the maintainence. 2> The Builder has been selling open spaces for Car Parking,is it allowed. 3> Builder had provided a Lift Back Up facility which functioned for about a year & half,post the same it is not functioning,now he has again provided a quotation of Rs.2,70,000/- towards Lift Back Up & has refused to take responsibility for the back system not functioning.Kindly guide if we are now liable to further bear these expenses when the same was part of the facilities provided by the builder.

  • where can we find the answers for the above queries>?

  • I have purchased a row house from the owner in Mira Road Thane. The society is not yet formed for the premises since 2007 and builder is not supporting. There are total 11 Row houses out of which owners of 3 row houses are not known tous. Is there any rule which specifies that the builder has to form the society within certain time limit? If yes then how can we compel the builder to form the society? Can we take any legal action against the builder?

  • Hemant Shivagunde

    I own a flat in pune area in a housing society. This area belong to grampanchayat area. 
    Our society chairman & 3 members decided to take new water connection from corporation & obtained signatures from flat owner. They have not mentioned the expenses.Also they have not submitted the application to concerned govt. office. Now they paid certain amount to labours & getting illegal connection. 
    Please suggest what we should do to stop this work & recover money from Chairman


    I am taking falt at in village area. Builder taking permision for construction from village grampanchyat. Now the land is Gavathan and our builder taken this land for devlopment and share of builder is 67% rest of 33% share owned by Land Lord. Now we want to make co-operative housing society legaly but builder not given us convynce deed. What we do?
    If convyence deed not getting can we make society without approching builder and landlord by way of submitting our proof of registred purchase agreement? please advise us

  • I am from Dadar, Mumbai. Our society has passed a resolution in AGM that “society will do repair work for the leakage due to rain water from terrece. But no repair work will be done by the society if leajage is from external walls due to rain water.” Is it a leagal resolution as per bylaws? Please guide.

  • Dear sir , I am a member of a co operative housing society in Mumbai and have given my house on rent. The society officials are charging the NON OCCUPANCY CHARGES @Rs 150/ month . In addition for last two years they have started charging Rs 5000/ per flat as processing fee to give flat on rent which they have increased to Rs 10000/ flat w.e.f. Aug 11 after passing it in GMB.
    This issue was not listed in Agenda, Tolal no of owners present were 37 out of 82 and list of owners present in GMB was not included in minutes of the meeting . I have few questions

    (a) Can society charge above mentioned processing fee & at what rate? (b) Can society charge processing fee in question and NON OCCUPANCY CGARGE at the same time? (c ) How many members are required to be present to make a forum in terms of % to pass a resulation in GMB? (d) Can owner of flat in the society hold a seat of profit in the society administration i.e as a manager ?

  • Shashi Agrawal

    I want that the foramlities to form the residential housing society in raipur

  • our coop society is under adhoc and they have started collecting interest on maint, i need to find whether they have regal rights to collect.

  • Sir,
    We have purchased 2 flats in a Residential building comprising of 6 of the flat on the second floor and the other just below is a Garden flat which we are operating for the marketing Office.Suggest whether we have to Pay commercial tax /Residential Tax for the second and similarly electricity Bill also.Still our Society / Apartment is not formed.

  • in a society if a member has more than 1 ownership flat , howmany eligible for multiple voting rights

  • Can the builder/Apartment association charge interest on the corpus fund not paid in time or paid in instalments. Please clarify and if charged at what rate in Hyderabad.

  • dear sir, our building is constructed in 1986.we are nine flat owners. now we want to register the hsg society. how we should procced.

  • Sir,
    We wish to form open plot society in Kolhapur maharashtra pls guide us

  • sir, i want to konw it is essential CIDCO NOC to formation of Non-oprative housing society, at new-panvel.

  • Sir, I wish to form a Co-operative Housing Society. My friend is developer, plot is not finalised and we want our another friend to be Chief Promoter. Please let me know whether you or your representative can do the necessary liaison work in Registrar office and help us to know the necessary documents required for this purpose.

  • Sir / Madam, I want to know if my own purchased flat is given by me for RENTAL then Society can charge me for DOUBLE RENT which usually I was paying single when I as aowner use to stay.

  • Sir,
    We wish to form a housing society, our land is private but someone saying our area is SLUM DECLARED area. so we 15 members are there to form a society so builder is came fro SRA Project,
    so please give me some ideas & legal procedure for our future.
    Thank You

  • Wants to form a housing society at MIDC waluj urngbad.Peae guide for loan.

  • We want to form a flat owners co-op. hsg. society and get it registered.  Kindly let us know the person who can take up the job on behalf of us and complete the same on chargeable basis.

  • we want to form a flat owners co-operative hsg. society in Akola Maharashtra can we get any person who can help us in formation of society at Akola

  • Sir,
    I purchased a flat in September 2009 when it was under construction. I got the possession (actually a letter from builder stating that I could enter the flat for purpose of furnishing etc.) in January 2011. The builder has collected maintenance charges for two years at the time of purchase. Now.. the current situation is that two year has been completed in January 2013. He is not maintaining the building properly and asking for maintenance charge for one year. 
    He is trying to constitute an adhoc society with help of 10 flat owners. Without calling a general meeting he prepared the document for adhoc housing society with his name as chief promoter, duly signed by 10 flat owners as prometers.

    Kindly guide me:
    1) is this action is legally valid?
    2) Can the builder (as chief promoter) or selected 10 flat owners (as promoters) can constitute such adhoc committee without consent of other flat owners?
    3) What are advantages for builder and advantages as well as disadvantages for other flat owners in such situation. 

    Kindly guide me at the earliest, as it seems some selected flat owners of my building are planning to submit documents for construction such committee with builder as chief promoter with in two days. (And they have not called any meeting or informed other flat owners in this regard).

  • Dr Prerna Chikte

    I want to purchase plot from jaju society akola How could i see registrATION OF SOCIETY.and which documents wants towards buyer a plot from society.

  • Dr Prerna Chikte

    I want to purchase plot from jaju society akola How could i see registrATION OF SOCIETY.and which documents wants towards buyer to buy plot from society.

  • Dear sir 
    I have an flat in kurla  (Mumbai)  the building was constructed by my father . But 2yr ago the society is formed they have registered it,  I was not the member of the that society, they want me to be a member they are asking me for  flat paper but we are the owner of the land. so what document  shall i  produce to the society.

  • sir,

    we are residing at ghaziabad consisting of 30 flats. We want to form a society. We want to know the minimum members to form a society. Is it required to select the President, Cice President, Seceretary, Joint Secretary, Cashier, Jt. Cashier and Auditor etc. Please crarify it and where is to be registered.

  • please clarify how many members are required to form a society.

  • we have 17 nos flats in our building in South Goa. in Salcette -Goa taluka.
    Pl inform us any agent/person/agency who will do the formation of a housing asociety of us.



  • sebastian varghese

    kindly enlighten me the formalities to sell a vacant closed garage of a member to anther member in the same society.  

  • i am staying in building which has 13 flats and5 shops our building is 14 years old and we do not have a society please if you gguide me by giving a good person who can do this for us and let us know how much will be the cost maximum. thanks.

  • manjushree patwardhan

    willing to form plot owner housing society. plot is not yet purchase by the promoter members but willing to apply for the name reservation of proposed society & permission for account opening in the name of the proposed society.
    Is it possible ?? please guide us.

  • Hi,
    I live in chawl in kalyan east. My father had purchased the room 32 yrs back. But the person from whom he purchased room had not given saat-baara and not registered it. So now we are facing problem because of that. We need help how to get it done, wht documents are needed, where to go and whom to contact.

    Please help us.

  • I am not a member for society they did not even ask us to be member of society and after 8 years they are asking us to pay the maintaince of 8 years along with penolties and intreast

  • If property is under construction and builder has been delaying without any communication on completion date, can we form a proposed society and fight the builder for completion of the building as a registered proposed society of the premises. Your advise will be very helpful

  • I have purchased a flat from builder. The building has still not received OC so builder has asked us to form a society. To form a society we require 60% of the members and we have completed the same. As usual builder has selected 10 members from his side to form a society. A letter from the registrar has been received to open a bank account and the name of the society has been registered naming XYZ (Proposed) also an account has been opened and the share money has been transferred into the bank. Doucments has been submitted to the registrar to get the society registration number. On this I have few questions:
    1) How much time does it take as it has been almost 20 days after submitting the documents.
    2) Can we occupy our flat on the proposed name basis. If yes then how?
    3) What will be the case if Chief Promotor resigns in these period.

    Please can you confirm or help me out in the same.

  • i want to know the rules & regulations for residential chawl which can be use by chawl committe to control society management. because some people are doing some unusual activities in society like, room owner giving their room on rent or sale without permission or inform to society. some owner making tow rooms of one room by partition and it is affecting facility management of society due to high population, so how can control this all things, if any body have idea or rules & regulation chart please inform or mail me

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