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.
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 )
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
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?
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.
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 also have similar difficulty. We are 5Members. 11 Units in a single bldg.
Whether we can get society Registration
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. soci.ltd.
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.
PLZ ADVICE ME FOR THE SAME AS DETAILED HEREWITH. I HAVE PURCHASED A FLAT AND THE SAME HAS BEEN PURCHASED BY THE SELLER FROM BUILDER IN 2007. HE HAS NOT PAID THE STAMP DUTY AND REGISTRATION . AS I BOUGHT THE FLAT I APPLIED THE SAME FOR REGISTRATION BUT THE BUILDER HAS NOT CLEARED THE ULC CHARGES. WITHIN THE TIME THE PLOT WAS PURCHASED BY ANOTHER BUILDER. THE NEW ONE ASKS US TO SURRENDER THE OLD AGREEMENT AND HE WILL GIVE US A NEW ONE. KINDLY GUIDE US WHETHER IT IS SUITABLE FOR ME TO DIRECTLY MAKE A NEW AGREEMENT BETWEEN ME AND THE NEW BUILDER. I HAVE APPLIED FOR REGISTRATION AND HAVE A FRANKING AMT STAMPED ON MY AGREEMENT MADE BETWEEN ME AMD THE SELLER.
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 rtg_sdsane@rediffmail.com 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.
Regards
Amit Nimbalkar
i have gone throgh your note and found it very informative and usefull thanks
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 .
Dear Sir,
I want to know there is book avelebal for Low of gujarat state co.opt.housing service soci.ltd.? from which place we receive same? pl.give me add. – Regards, sunil jadhav.( Mob.09825012528) – Pramukh, A-4 saibaba Apt. co.opt.Hou.Serv.Soc.ltd. 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?
Thanks
Savio D’lima (saviodlima@hotmail.com)
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 deepak_j31@yahoo.co.in
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. (maddy_elite@gmail.com)
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?