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.

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189 thoughts on “Formation of Co-operative Housing Society

  1. 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

  2. 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.

  3. 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.

  4. 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

  5. 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?

  6. 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

  7. 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.

  8. 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

  9. 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.

  10. 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 .

  11. 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?

    Thanks
    Chintan Shah

  12. 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

    varadarajan

  13. 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.

  14. 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.

  15. 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.

  16. 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.
    Regards.

  17. 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..
    email: gulistanhousingsociety@yahoo.co.in
    thanks

  18. 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.

  19. 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

  20. 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.

  21. 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 adv_addange@rediffmail.com

    1. 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.

  22. 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.

  23. 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?

  24. 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

  25. 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

    1. 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.

  26. 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. 

  27. dear sir

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

  28. 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

    1. 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.

  29. 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.

  30. 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.

  31. 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 ?

  32. 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

  33. 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.

  34. 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 ?

  35. 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.

  36. 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 “anil1711@indiatimes.com” to reveiw for eligibility. thax anil

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

  38. 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: i_k_desai@rediffmail.com

  39. 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

  40. 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.
     

  41. 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…

  42. 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.

  43. 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 avinash_goyal27@yahoo.com
    goyalavinash27@gmail.com

    1. 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!

  44. 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

  45. 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?

    Thanks

  46. 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.

    Ghanshyam 
    (chief promoter)

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