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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