Sunday 19 June 2011

Process of Co-operative Housing Society Registration


  • 60 % of the Promoters are must be ready to form Co-op. Housing Society.
  • If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this  case the builder become CP and other flat owners become Promoters for Registration purpose. This society register under Co-operation.
  • When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation.In this case one of the flat owner should be elected as CP for Registration purpose.In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered
  • All flat owner should hold meeting and elect Promoter.All power for Registrations,documentation etc. should be given to promoter.The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society 
  • Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements.All  members togethers also can do work for registration.
  • For  registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar Of Co-operative Department  area concern in order as follow
  1. Applications for Name to be Reserved for Proposed Society's
  2. Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
  3. Application form  "A"   4 copies 
  4. Information in Annexture " A " " B " " C "   4 copies
  5. Bye-Law of the Society    2  copies
  6. Details of Accounts Annexture " D "   2 copies
  7. Bank Balance Certificate in Original  1 copy in Original
  8. Agreement of Flat     1 copy
  9. Advocate Search Report    2 copy [Title Certificate]
  10. Society's Building Plan   2 copies
  11. Lay Out Plan    2 copies
  12. Sanction Plan from Authority   2 copies
  13. O.C / C.C copy    2 copies
  14. Promoter's Guarantee in form " X "  On Rs. 100/- Stamp paper & notarized 1 copy
  15. Guarantee in form " Y " On Rs. 100/- Stamp paper  & notarized 1 copy
  16. Guarantee in form " Z "  On Rs. 100/- Stamp paper  & notarized  1 copies
  17. 7/12  or City Survey Revenue Record of Land [not more than 1 month old]  1 copy
  18. Promoters Affidavit   On Rs. 100/- Stamp paper  & notarized 1 copy
  19. Indemnity Bond   On Rs. 100/- Stamp paper  & notarized 1 copy 
  20. NA Certificate / ULC   2 copy
  21. Plot area Land Map   2 copies
  22. Scheme
  23. Registration Fee Challan  for Rs.2500    1 copy original
  24. Builder Non Co-operation form Z  On Rs. 100/- Stamp paper  & notarized  if required  1 copy
  25. CP Affidavit for Child Labour  On Rs. 100/- Stamp paper & notarized 1copy  
All this forms are available at your District Co-operative Housing Society Federation.

On submission of above document the Dy./Asst. Registrar  will go through the papers And document. If found OK he will make order for issue of Registration Certificate.
If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.

Registration Certificate is issued with covering letter and Officer's name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee  [PWC] whose working period will be ONE Year.  After electing PWC  the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper 
with the sign of Officer's whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer's name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter]  After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.  The new WC election can conduct before PWC time over with proper election process. WC also has to  submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar

When application for Name reservation of Society has given , the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank  The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each ] and Member ship Fees of  Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank  and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First  Annual General Body Meeting the Bank Account has to transfer in the name of Society.For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [ Collection and Payment] are handled by Treasure when Billing Clerk or Accountant are not been kept.

129 comments:

  1. AGM minutes are not given to the members and the committee says that AGM minutes are not to be cirulated to the members

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  2. Last AGM minutes were also not read in the AGM, How can this be solved

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  3. Now a days it is normal process that committee do not circulated AGM minutes to member since they have no time for xerox it and no member give charge for it [in Bye-Laws charges is given for that]

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  4. if last AGM Minutes were not read then how committee confirm it . I think they were not written that minute and if they written anything And not read And confirm any thing then it is bound to ever one so i suggest you to write a latter to Register of society of your Area tell him About this that last minute were not read so you are not suppose to bound this And mAke at lest 2/3 member sign on it so Register ask the committee and make rearrange the AGM also give copy to you society auditor [marke him cc]

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  5. Ask committee to give the copy of last AGM and take the charges from me as per Bye-Laws. If committee not give copy then ask Register for the same they will provide you

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  6. The Building is Constructed under SRA Scheme and He has Submitted details of Tenants (P.A.P.) For formation of Proposed Society
    We comes under Free Sale Part we are only 17 people who comes under Free sale.
    he is say ing the names iof us are mentioned in their submission .
    but pls tell us can we form new society for our free sale flat holders only.
    And specially when O.C. Is not come

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  7. No you can not form new society for old tenants as both new and old tenants are in same bldg.[i Assume that only 1 bldg. for both new and old member].
    if two different bldg. for old and new tenant having separate water tank , drainage line etc than you can do this. but you must check you MOU and Agreement with builder if it is only 1 Soc. in that then he can take objection for 2nd Soc.

    ReplyDelete
    Replies
    1. Hi, I am having similar issue as Jagruti. A joint building with SRA and sale with single water and drainage system. Building has CC but no OC for sale.Builder is not co-operating. Sale members wanted to get into the CHS system but having no clue since they are not entitled for SRA benefits. Please suggest

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    2. First get OC then you can do the society registration.

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  8. but pls tell us can we form society specially when O.C. Is not come

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  9. yes you can show the photo copy of application for issue O.C. submitted by builder to BMC. IF register ask you to show it. If you have CC copy then register will registered your society.

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  10. we had co operative society functional till 1996.society was dissolved(avasaynat) by registrar and informed to committee but committee ignored dissolution and was functional till 2010. in 2010 one person had filed PC against committee for maintenance charge.then registrar take note and had asked to submit all documents(daftar) to registrar(avsayak) office by 2012 feb. but committee has not submitted same.now these committee members are trying to form new society.they have got permission for opening bank account in proposed society name.meanwhile person who have filed PC has applied to registrar for not registering this society as it was dissolved and committee has not obliged to registrar by submitting dissolved societies documents(daftar)
    now question is will the new society will be formed on same address as old dissolved society even after legal complications going on dissolved society?

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    Replies
    1. for that you have to show me all document i.e dissolved order , PC then i will give you advice. my Consultant charges is Rs. 2000/-

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    2. thanks.actually now RTI has been filed to know if this proposed society can be formed and if yes under what clause.

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  11. How many members required to form a society(minimum members)?

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    Replies
    1. minimum 60% of total flat in the building. Say if you building having 100 flat [considering all wings] then 60 flat owner are required.

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    2. in our apartment we only have 9 flats can we form a society?

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  12. We have 81 Flats contructed in Chikhali Pradhikaran area in Chinchwad Pune. What is registration fees applicable to be paid to government for society registration or formation as per latest revised registration charges.

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    Replies
    1. Society registration fees is same i.e. Rs. 2500/- as per latest charges.

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  13. Sir, ours is 72 ( shop + flat) member building. As per rule 60% means 44 members are required for society formation. Kindly tell me total amount for society registration or amount per individual.
    Bifurcation of amount will be helpful.

    ReplyDelete
    Replies
    1. for bifurcation of amount you have to email me you society full postal address with pin code to visariya007@gmail.com at this blog i can not disclose all amount. Society Registration charges is Rs. 2500/- .

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  14. Sir,
    our is 87 (20shop + 67 Rooms) member Chawl, can we form Hosing Society?, what is process & which document need ? we have agreement of ownership done by chawl Malik

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  15. If you have Perment NA Order from collector & your chawl plan is pass by authority then Housing Society can be register

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    Replies
    1. what is NA order ? & how can I get NA order? we can pay Property Tax & NA Tax from 40 to 35 years by Chawl malak and Chawl Committee (after owner ship -1998 to still tax pay by Committee )

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    2. on property card below remark is available
      मा.उप.जि.अ.यांचेकडील आदेश क्र.DC III L.N.D.189ता.18-1-72 प्रमाणे
      बि.शे.आकाराची नोंद घेतली.

      but on 7/ 12 landlord is different

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  16. If 7/12 is showing NA then it is ok else their is problem .

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    Replies
    1. Sir i need information ... Our complex is consist of 7 buildings and we hd made 5 diffrent society's consist of 3 building in 1 and 4 buildings separately... Now we all make housing society federation... So what all things needed and how much is the charges

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    2. First you have to make the Draft bye-laws of the federation. which has details of each society voting % , contribution % , rights in land etc. Which has to approve by the all complex flat owner. Then after that their is normal process of registration of society, Charges is same as normal society registration.

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  17. Hi, we have a building which has only 7 flats one flat on each floor. The builder has not yet made a society for us since almost 12-14years for which most of the members have stopped paying maintenance. Now the builder is asking us to clear the dues including interest or he will stop paying Property Tax etc.
    I would like to know if 7 members can form a society via Non Co-operation and do we have to pay maintenance to the builder.
    Thanks please respond

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    Replies
    1. you can directly pay the Property tax to your municipal corporation or municipal council

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  18. Also would like to inform you that our flats are 1000 sq.ft carpet.

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    Replies
    1. where is your building please inform me your locality

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    2. Our building is located in chembur, mumbai. plot no. 429.
      The builder is pressurizing us by not payin Electricity bills and others also.
      there a few more things i would need info on is it possible to get your contact details.

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    3. ok.Pl tell which municipal ward . My No. is 9321230595

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    4. BMC M West Ward.
      Thanks for your contact

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  19. ours is 18 shops & 4 apartment building.builder wants us to register under apartment act. can we form co-op. hsg. soc. ?

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  20. This comment has been removed by the author.

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  21. Sir
    We having 30 room in Chawl, we want to form Society and builder not co-operating us for the same, can u please guide and please let us know the Charges for forming society, Please revert.

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  22. Firstly, sorry for late reply as I am on vacation. For registration of Chawl society Collector Permanent Non Agricultural Order copy is required as per order issued by Commissioner of Co-Operative Society. If you have the Permanent Non Agricultural Order copy from collector then it is possible else not.

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  23. Dear all wanted help
    our builder wants to have apartment society and we want to have coperative society
    whats is next step we should take

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  24. what is written in your agreement? builder form cooperative society OR apartment OR Company.
    If he mension all 3 then he can make any one from this. If he specify only one out of 3 then he has to make that only.

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  25. plz clear for bank transaction secretary sign compulsary them either treasurer or chairman.

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  26. In bank transaction Secretary sign is must along with either Treasurer OR Chairman.

    Bye-Laws No. 114. A Banking Account shall be opened by the society in the nearest State or District Central Co-op. Bank or it's branch and the account shall be operated upon and all acquittances and discharges shall be signed by the Secretary jointly with the Chairman or treasurer

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  27. hi.. i am a flat owner of a apartment building in Viman Nagar. Its a single buiding with 44 flats. While most of the flats are occupied by the owners/tenants, no one has recieved a possession certificate/completion certificate yet. There is a lot of work that is yet to be completed by the Builder. The Builder has registered the society more than a year ago and after not informing any one about the fact for more then a year, is now doubly eager to form a provisional society and handover the society to the flatowners in a haphazardly held meeting, which we have denied. How can we ensure that the builder will complete the work after we have formed a society? also, what are the tax or expense related docuemnts that need to be placed in the first meeting to handover the society? most importantly, is it a good idea for the owners to take the ownership of the society with considerable amount of work pending to be done.

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  28. It is not good idea to take charge of society with considerable amount of work pending to be done.
    I am not understanding that you are unaware of the fact of registration of society. Since for registration of society members sign is required on Statement A, B &C and also membership form has to fill by each member. So your are saying that you are unaware of the fact of registration of society from last 1 year is totally wrong.

    The document you have to collect from builder is all the approval taken by builder for construction of building. Approve building plan, all flat agreement, last one year audit report, all warranty cards , bill receipt of lift and other equipments etc.

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    Replies
    1. You are right about the membership forms to be signed by the flat owners. The builder did show the book which had 60% of members' signatures. However, as most people whose signs were seen in the book declare that they never saw such a booklet before (This happened about a week ago and before that no one was even aware that a society has been registered). It is quite apparent that the builder has obtained the signs in a duplicitous manner from gullible members. We are also not sure how to proceed with this. The members have signed, so its not technically a forgery, however, the signs were taken on some other pretext in some paper that didnt have complete information.

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  29. Then best way ask the builder to complet all pending work and then take charge of society. OR simply inform the registrar to de registered your society since builder is taken the sign on other pretext and make society.

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  30. What are the advantages of registering Co Op Housing society? If not registered what we are going to lose?

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    Replies
    1. If society is not register then you are the owner of only your flat.Building structure is belong to builder. Each time for repairing you have to take permission from builder. land belong to land owner. If you register Co-Op Society/ Apartment / Co. i.e. any legal entity then builder and land owner has to convey structure and land in the name of legal entity.

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  31. Our builder is not registering our co-op Housing Society situated at Kalayn East, Thane District, Maharashtra State, since last 6 years. Our flat details are as under:

     18 Flats = Registered
     8 flats = Un registered
     6 shops = Un registered

    We 18 members would like to register our society under non-co operation by the builder.

    Pls advise how can we proceed to Society registration.

    Your kind advise as to how to proceed further is highly appreciated.

    Thanks
    Amin
    Kalyan

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    Replies
    1. So you have total 32 units [flat& shop] in your building. Out of which 18 are registered. 14 are unregistered. For registration of Co-operative society in co-operation or Non-Co-operation you required 60% registration of total unit. In your case 20 units are required to registered after that you can form co-operative society.

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  32. We are residents of Six wishes society which being developed right now in Talegaon Dabhade Pune. one phase is completely built and 2 phase in progress. Builder has not provided any of the amenity as promised but still forcing to form the society and asking for maintenance charge. Please suggest if this is right?

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  33. I assume that builder may form the phase wise society like Six wishes phase-1 , Six wishes phase-2.

    For amenity you have to file case in consumer court , civil court,& criminal court. you may file case in any one of court or in all 3 court.

    My advise is if builder is ready to form society then make it. Regarding maintenance charges you have to go through the agreement. If it is written that still formation of any legal entity you have to pay the maintenance charges to builder then you have to pay for it. In court case you can ask for relief of maintenance charges for amenity which is not provided to you.

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  34. what document should we chaek will taking hand over of new soc. from builder

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  35. is it necessary to hire a laywer for the applicationto form a new cooperative housing Society, or the members can on their own apply for the same.
    2nd question is : if not all the members (flat owners) are available to sign the required forms what is the minimum number of members required to form the Hsg. Society

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    Replies
    1. No adv. is required. Minimum 60% member sign required for society formations.

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  36. Hello Sir,
    I am staying in a building which has 8 flats in Mhalunge – Pune. The building is in Gram Panchayat Area.
    I have purchased flat 4years back in 2009 end.
    No housing society / apartment has yet formed. Builder keep saying he will do it but the thing is still remained as it is.

    Now what should we do?
    Is there any legal measure to compel builder to do is job?

    Additionally I have few more questions -
    Is LBT of 1% required (Since purchase was made 4 years back) to pay?
    Whose liability LBT is?
    If we our serf apply to form society/apartment, builder still required to pay LBT?
    Is LBT required in my area (since it is not a under Pune Municipal Corporation)?

    Thanks.

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  37. AS PER MOFA Act builder is suppose to form Society or Apartment. When you get Conveyance Deed at that time LBT is suppose to pay. Till now you are not suppose to pay LBT.

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  38. Dear Sir,
    We are living in one building with ground floor 6 tenants 3 commercial shop
    owners & from 1st to 3rd floor 8 ownership flats, our building is 32 years old building, our builder is not allowing us to redevelope the building or form a society in building, but he harrased us to contribute maintenance for whole building repairing only by ownership rooms not by their tenants. please suggest us, what is the exact step we have to take against this harrasement

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    Replies
    1. This comment has been removed by the author.

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  39. First you have to register your society,then executed conveyance deed in favour of society then you can do the redevlopment. For hsrrasement you can file criminal,civil and consumer case against builder and land owner

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    Replies
    1. for Non registered Society, how the maintenance charges will be collected? per person or per sq.feet of each room? our builder forced
      us to collect the maintenance charges & maintain Bank account in which he will be the one a/c.operator with two room owner. is this correct procedure????????

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    2. Maintenance is collected on sq.ft area of flat/shop/office in society either register or unregister. For your case you should open escort bank account or proposed society bank account , no indivisual account since it creat income tax problem and it is difficult to solve also when you make payment from personal account it will creat problem. So i suggest proposed society account or escort account in which joint sign of builder and two member from society will required.

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  40. This comment has been removed by the author.

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  41. we are living in a building for the past 5-10 yrs, without OC and under builder ownership, inspite of many request and reminder, builder isnot ready to hand over the building to form the society and now he is building another new building at the area which was meant for our garden, need your advise,

    ReplyDelete
    Replies
    1. First you have to do is send objection letter to local municipal authority for construction of new building in garden area. Take all owners sign. For society registration you have go for non cooperation mode. Send letter to builder that you all owner are forming society in non cooperation mode.

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  42. Within how many days become a Society Registration after submiting all documents & Fees.

    Also how many Total fees require to become a society Registration for 12 Flats & 6 Shops.

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    Replies
    1. Two months time required for society registration if all documents are properly submited. Society registration fees is fixed Rs.2500/- inrespective of members of society.

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  43. SIR, we want to meet you personally, regarding our building matter, will you
    please share your Mumbai address or telephone No.?

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  44. Dear sir i want to information about flat registration required minimum document and registration process and also stamp duty and registration fees.

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    Replies
    1. Parment NA order copy from collector
      Approved building plan from local authority
      Permission letter from local authority to start construction.
      Current month 7/12 or C. T. S extract
      ULC order
      Register development agreement
      Register power of attorny
      Title certificate from advocate.
      Last 30 years search report.
      This is minimum document required for registration.
      For stamp duty it is 5% on market value or your value which ever is higher and registration fees is 1% for this you have to go to your area sub registrar of assurance office and ask them to calculate how much stamp duty and registration fees youhave to pay.

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  45. how to form new co oerative housing society

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  46. Tejasji just go through blog you find all details. Forms you will get from Federation office.

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  47. If in a housing complex there are independent row houses, Multistory flats together. Around 60(+)% residents want a society and 15-30% do not.
    What is the status of non society members vis a vis a society member wrt liablities, obligations,rights etc. Can they be force to members of society? If in a flat portion, some residents do not wish to be members then how land ownership issue answered? Can one decide to opt out out of society subsequently?

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  48. first check in your agreement with builder what is written . If builder has written that he/she will make co-operative society then with 60% member you can make co-operative society with builder co-operation where builder is chief promoter. After making society you can ask register to pass the order against remaining flat to become member of society. opt out from society will not possible . Land conveyance will be given to registered housing society only.

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  49. can we form a society in our bungalow project which is in green zone land and builder is saying no to it

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    Replies
    1. If builder is saying No then in Non cooperation you can firm society subject to approval of Dist. Dy. Registrar of C.S.

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  50. Dear Sir. I live in a complex of six buildings and the society is one..its provisional working committee. now we want to make our own society of our building. i dont know if other five buildings want to make their own society but we are determined.. so please guide me is it possible to make our own society without de-registering the existing one?
    Hashim Khan

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    Replies
    1. Not Possible. First you have to de- registered the existing society then only you can register wing wise society. Remember for wing wise society drainage line , water line , water take has to separate also wing is not physically connected to each other.

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  51. Hello There,
    Best greetings of the day!

    I would be glad to hear from you on below scenario we have at our society.

    The builder has asked us to form the society and take the handover from him, but we are reluctant to take the hand over due to below pending issues :

    1. The STP builder has provided is not functioning , it stinks badly :(
    There were several attempts made by the builder and residents to restore it to normal working condition , but everything failed.

    2. There is a heavy seepage in majority of the flats , seems a construction quality issue . Builder had promised to resolve this

    3. There are few other commitments which builder had given to us when we purchased the flats , which the builder has failed to address to.

    With above points pending to be resolved, can we deny the builder to get the society formed and say no to take over the society ?

    This is a high voltage issue in our life ( 253 flat owners are suffering from this ), it would be a great help if we hear back a solution on this. We just need the society to be a great place to leave in.

    Thank you so much ,
    Vinod Shignne

    ReplyDelete
    Replies
    1. First just file criminal , civil & consumer case all at same time against builder for your STP , Seepage, Lift and other issue to resolved the problem and then ask court to give direction to builder to form housing society and give conveyance Deed in favour of society.

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  52. we have 51 flats building with 3 floors. Builder has not registered our society from last 4 years. Now he has started 4 th floor work. In all flat owners agreement approved plan is of 3 floors. Builder is constructing 4 th floor from last 2 years & also not registering our society. Please guide what to do ?

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  53. First File objection in local municipal authority office regarding this 4th floor Work.
    Second file case against builder Consumer , Criminal & Civil all 3 at one time and ask court to pass the order for transfer property card OR 7/12 in the name of Housing society

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  54. Hi Visariya,

    Greetings !!!

    There are total three building with 168 flats.

    Builder has formed the Apartment association with the help of 9 owners. Rest 159 owners want to form the Society.

    Queries:
    1) Is there any stamp duty charges to nulify the Apartment Association and form Socirty ? If yes then is there any formula to calculate the Stamp duty charges ?
    2) Can builder form the apartment Associaion with the help of 9 owners ?
    3) Where I can get the online details about the Apartment Associaion formation as builder is not providing the data ? I have one site information as https://esearchigr.maharashtra.gov.in/testingesearch/wfsearch.aspx through this link I am getting "Deed of Apartment" but not Apartment Associaion formation details.

    Please help us out.

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    Replies
    1. 1. You have to registered Cancellation deed for that stamp duty is Rs. 200/- but for that both party must present in your case one party is builder and other party is that 9 people.
      2. Yes builder form apartment with 9 owner. First check what is written in your Agreement for Sale which is executed between you and builder. I assume builder has written that he will form a apartment. under maharashtra apartment act
      3. Site is correct in that you get Deed of Apartment. This is Index-II take print and go to that sub registrar of assurance office where this deed of apartment is registered and ask them certified true copy of that document in that you will get all information /bye-laws of your apartment . Deed of apartment is apartment association

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  55. Hi Visariya,
    Could you please guide me to get the soft copy of below forms?

    Application form "A"
    Annexture " A " " B " " C "
    Annexture " D "

    thanks in advance...

    ~Mayur

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  56. Presently soft copy is not available. But you can get the hard copy from Federation office.

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  57. Can you provide a ready made bye-law for Co-operative Society.

    I have purchased 1 flat/Apartment out of 1600 apartments build and sold by a builder, Builder is not cooperating to form the Association. Work is still pending ,

    Most of the buyers are now ready for forming the co-operative society

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  58. please find link :-

    https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Model%20Bye%20Laws%20of%20Coop%20Housing%20Society%20New%20Flatowner%20Type%20(2-9-14).pdf

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  59. This comment has been removed by the author.

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  60. Can we form the society without oc and cc?
    If we not submitted copy of oc & cc, registrar can cancelled the society after years if any one complaint to registrar?

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    Replies
    1. No you can not form society without CC or OC. Registrar will not register the society with out CC or OC. So their is no chance to cancelled the society registration of society.

      If any registrar will register the society without CC or OC please inform me the same.

      Delete
  61. One of the members taking possession in 1998 and ad hoc committee is collecting maintenance that time. member is giving maintenance cheque to ad hoc committee when he take possession but society is denied to take cheque. Society ask him to pay the amount from the building is completed from 1992. society is registered in 2001. society have rights to collect maintenance before the registration period.

    ReplyDelete
  62. No society can take maintenance from the date of registration & their onwards.

    ReplyDelete
  63. How to know the validity of Regn. No. Of any chs? Is there any specifc format and style for regn. No's. In mumbai? If so then what is the format and how to chk its validity online ?

    ReplyDelete
    Replies
    1. You can not check online. Format for Mumbai is
      First Mumbai division then BMC Ward then type of society then number then year and date

      For eg.
      MUM-2/WL/HSG/TC/10000/2012-2013/YEAR 2012/Dated 00-07-2010.

      Delete
    2. This comment has been removed by the author.

      Delete
  64. Sir in the above format, what does TC stand for? Is it a provisional regn. No or a Final Regn. No.?

    ReplyDelete
    Replies
    1. TC= Tenant Co partnership . It is final registration No.

      Delete
  65. I would like to thanks for providing such information which every society member needs to know. I would like to know what are the documents to be collected from builder while handover after formation of Society.

    ReplyDelete
  66. please visit link :- http://housingsocietymaharashtra.blogspot.in/2014/04/society-documents-handover-from-builder.html

    ReplyDelete
  67. Dear sir,

    We have row houses around 200 in mira rd and wanted to registered as coop hsc society,
    1) wanted to know whether we form co-op hsc soc..
    2) if Yes what would be the legal aspects and requirement for same,,
    3) Document requirement

    thanks

    ReplyDelete
  68. Dear Sir,

    i have taken a flat in one of the building, however the construction is delayed till 20th floor and the building is till 30th floor,
    can we form a society.

    ReplyDelete
  69. This comment has been removed by the author.

    ReplyDelete
  70. Dear sir

    We would like to form condominium.As we dont have OC and the builder is not co-operative with us.Our building has completed 12yrs.~We are 5 owners of the flats in the building.We required your help.

    ReplyDelete
    Replies
    1. for formation of condominium you required builder co-operation. Since builder has to registered the Deed of Condominium in Sub Registrar of Assurance Office.

      Delete
  71. Dear Sir,
    Can you please tell me whether it is the builders responsibility to form a society or can we all the number to initiate the registration process?

    ReplyDelete
    Replies
    1. First responsibility is of builder since as per MOFA act builder/developer has written in agreement of sale that he/she will form Co-Operative society OR Apartment. If builder do not form then flat owner can do that

      Delete
  72. Hi
    my flat in pune. In my building 20 falt. We want to registr a co-op society. and builder is not agree for that builder is want to register apartment.. in our agreement maintion that alartment will be registered soon.
    can we registerd society.??

    ReplyDelete
  73. Sir, I live in a complex where there will be 5 towers and some 20 shops. tower 1 and 2 are completed with oc. tower 3 is completed but oc pending. tower 4 is half built and tower 5 only plinth has been done. also builder is in the process of making club house and other amenities like swimming pool as promised. but still they are not completed. My question is whether to go for society formation or not. Also if we should go for society formation, whether a single society for each tower and one apex society to manage all common areas, clubhouse etc. is preferable or should we go for one single society.

    ReplyDelete
    Replies
    1. Preferable is Single society cost effective and maintenance to each member will be less compared to 5 different. After society formation and hand over taken you can keep facility management co. to manage day to day activity and facility of society.

      Delete
  74. can a deemed conveyance can be made for a building constructed on leasehold land and no society has been formed
    second question is
    OUR BUILDING IS CONSTRUCTED ON LEASEHOLD LAND. THE BUILDER Has purchase the developing and tenancy rights from the lessee( who was holding the tenancy rights for 99 years) and the land owner is different person.
    now whether we can go for deemed conveyance if 60% of society members are ready?
    what are the consequences if lease off 99 years are over ?
    what we can take a legal action for safeguarding our assets

    ReplyDelete
  75. if someone doesn't shows previous records and demands money for audit of society then wat we can do

    ReplyDelete
  76. Hi,

    I am from Bhayander. In our building 74/84 flats are already sold. Its been 6 yrs after building is constructed and so far the society is not registered. Now Builder is saying that he is ready to register the society but some people are opposing it because of that we are not getting the minimum majority of 60%.So what are we suppose to do. Also builder is doing many changes in building as society is not yet registered. Also he has sold stealth parking places to a few of the members so is it justifiable for builder to sell such spaces.
    If we approach consumer court how much time will it take and is it a viable option?

    ReplyDelete
    Replies
    1. Majority matters when it's in non-cooperation. If builder is cooperating then file an application with your Dy. Registrar. Builder might be fooling you all. If you have 60% majority it strengthens your case for society formation and society can still be formed if there's no majority. Also it's a fundamental right.

      Delete
  77. If builders r not giving facilities to tenants in SRA n registrar approach to firm the society wat action we r taking against builder or registrar

    ReplyDelete
  78. Is builder eligible to charge Soceity formation charges of Rs 30000 from each flat owner whereas the registration cost is 2500 only. Please advise.

    ReplyDelete
  79. Is builder eligible to charge Soceity formation charges of Rs 30000 from each flat owner whereas the registration cost is 2500 only. Please advise.

    ReplyDelete
  80. Rahul
    Sir, Our builder is taking signature of flat owners on one booklet named as "Application for Society Formation". Shall we need to sign this booklet without reading it. As some of the flat owners had signed on that booklet, I haven't signed yet. Is this booklet is standard government format ? Or there is no such Government format available ? Is there are any rules & regulations in this booklet which can bind us ? Please suggest.

    ReplyDelete
  81. Rahul
    Sir, Our builder is taking signature of flat owners on one booklet named as "Application for Society Formation". Shall we need to sign this booklet without reading it. As some of the flat owners had signed on that booklet, I haven't signed yet. Is this booklet is standard government format ? Or there is no such Government format available ? Is there are any rules & regulations in this booklet which can bind us ? Please suggest.

    ReplyDelete
  82. our co op housing society consists of 3 buildings with 6-8 flats per building , but all 3 buildings are far apart with 2-3 bunglows in between , who are not part of society. there is nothing in common for the 3 buildings , we have separate drainage , separate electricity line , separate passages , etc. now we want to go in for bifurcation i.e each building wants to form it"s own society with 6-8 flats . is it possible? , if so what is the procedure?

    ReplyDelete
  83. Hi,
    Could some someone suggest that me all the flat owners need to sign the documents for society formation or some percentage is sufficient.

    In our case all the flat owners are not available to sign the documents because they are out of India and builder saying all the flat owners have to sign it and scanned copy is not acceptable.

    Our society in PCMC area pune.

    ReplyDelete
  84. Respected sir,
    I have on society whose name contains SRA SAHKARI GRUHNIRMAN SANSTHA, please advise me where should we submit audit report of this society.

    Thanks & Regards
    Kuldeepsingh

    ReplyDelete
  85. हरि ॐ
    मी registr a co-op society साठी करत आहे. याला किती कमीत कमी सदस्य असणे,
    बंधनकारक आहे.
    याबाबतचा शासन निर्णय आपणाकडे असल्यास खालील मेल वर मिळावा
    ही विनंती,
    ajay_bhosrekar@yahoo.co.in

    ReplyDelete

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