189 thoughts on “Formation of Co-operative Housing Society”

  1. 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 )

  2. 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

  3. 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?

  4. 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.

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

  6. 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?

  7. 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

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

  9. 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.

  10. 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 ?

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

  12. 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

  13. 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.

  14. 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 ?

  15. 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?

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  21. 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??

  22. 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.

  23. 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

  24. 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 ?

  25. 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.

  26. 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

  27. 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?

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

  29. 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 .

  30. 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.

  31. 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)

  32. 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?

  33. 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

  34. 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 ?

  35. 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

  36. 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.

  37. 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?

  38. 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 …..

  39. 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?

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

  41. 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

  42. 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.

  43. 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?

  44. 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)

  45. 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

  46. 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.

  47. 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?

Leave a Reply

Your email address will not be published. Required fields are marked *