Saturday, 31 December 2011

Regarding flat/shop/garage/godown sale or giving on rant basis


1.A member should pay All his/her due before he/she sale his/her flat/shop/garage/godown as per Bye-Laws.
2.A member should apply for permission for giving his/her flat/shop/garage/godown on Leave and Licence base or keep a Paying Guest as per Bye-Laws No.43 to society.
3.A member should not give his/her flat on Leave and Licence base or keep a Paying Guest in his/her flat without the written permission of the committee of the society.
4.Member should also submit the copy of  Register Leave and Licence agreements entered into between the   
   member and the sub-lettee.
5. A member should also submittee this copy of the agreement to local police station along with detail    information of sub-lettee.
6.Member must submit copy of  document that he/she inform the local police station and complet all required process in police station in society.

14 comments:

  1. Hi Amit,

    Would you know whether the soc. can turn down your request for having a paying guest or for giving the flat on a Leave and Licence base.
    What all could be the possible reasons to decline the request.

    ReplyDelete
  2. yes with proper reasons in given to member in written

    ReplyDelete
  3. Dear Sir,

    I am selling my 2BHK flat in Nerul. I request you to guide me regarding Society NOC and it's Procedure, Documentation Requirement, Time Taken, etc.

    Regards,
    Prateek Sharma

    ReplyDelete
  4. Sir you have to submit Form 20(1) & form 20(2) , purchaser and seller PAN card copy and application to issue NOC. If purchaser taking Home loan then Bank NOC [Home Loan NOC] format all this you have to submit to the secretary of society. In some society committee take interview of buyer so check with your society regarding this. For issuing NOC normally 10-15 days time depending upon availability of C/S/T

    ReplyDelete
  5. Hi Expert,
    I am the Secretary of Co-op Hsg society & our society is more than 10yrs old. Now I found that Share Certificates had not been issued to any members. Two members had already expired & their flats had been transferred in the names of their nominees without any share certificates. Plz help to find ways to issue Share Certificates to members. Plz note that one of the two expired member was first Secretary of the society.

    ReplyDelete
    Replies
    1. Now pass the resolution in AGM of society to issued the share certificate to original owner in this year along with all transfer which will endorse in back side with current date and current C/S/T has authority to sign the share certificate. After approval of AGM take approval from your area Dy. Registrar of C.S. and issue the share certificate.

      Delete
  6. I have purchased a flat in a cooperative Housing Society and have executed the Sale Deed through Sub-Registrar. I have received the peaceful vacant possession of the flat. I have started renoation work too in the said flat. I have paid the Entry Fee to the Society as well received the NOC from the society through Seller. I have been paying Maintenance Charges to the Society and they issue the receipt in my name. My name too has been incorporated on the name plate of the Society.

    Now, I am getting difficulty in transferring the Share Certificate in my name due to lack of signature of the Seller on the prescribed forms. The seller is not cooperating and deny in signing the documents.

    However, I have been insisting the Society to transfer the Shares Certificate on the basis of the following.

    1. I have submitted the photocopy of the Registered Sale Deed executed with the Seller which clearly mentions sale of immovable property (including Share Certificate) to me

    2. I have paid the Entry Fee also as per rules and regulations of the Society

    3. I have received the NOC also from the Society

    4. I am paying the Maintenance Charges and the receipt is issued in my name

    5. My name has been incorporated in the Name-Plate of the Society

    Alternatively, I am suggesting the Society to send a letter that they are transfering the share certificate in my name on the basis of fulfillment of above activities by Purchaser and if any objection to be raised in transferring the Share Certificate, may submit the same in writing within a weeks time from receipt of this letter otherwise we assume that you have given the consent for transfer of Share Certificate in the name of the Purchaser.

    Request your suggestion whether society can transfer the Share Certificate in my name on the basis of above.

    ReplyDelete
    Replies
    1. For Transferring Share Certificate You have to give Transfer Set along with Photo Copy of Sale Deed. Since in Transfer set Form No. -13 is their which is Resign from Old member. Unless old member resign your membership can not accept. So you have to take sign from Seller. It is your Duty. Not society. Society has given you NOC which means they will admit you as member after following all process.

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  7. Dear sir , my society rejected for NOC as well as trabsfer share certificate a said by society. Due to NON Gujrati committee not ready to give it, a said by chairman society make rule not sale to non gujrati, if society make rule , so my sale deed get cancel? Buyer purchase by bank loan, is any leagal action done by Bank upon me? Pls guide

    ReplyDelete
    Replies
    1. If this rules if approved by Dy. Registrar of C.S. then you can not sell to non Gujarati person. If not approved hen you can sell. For getting NOC & Transfer you have to file case against Society in co-operative court.

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  8. Dear Sir,
    I have purchase resale flat 1 bhk 450 sq.ft. in Jan 2016. I want to transfer the flat on my name from previous owner. But Chairman of society demanding me 35,000/ for transfer fees(30,000/- for transfer fee + 5000/- for convinient deal charge).
    I want your help regarding that ,should i pay or not?

    ReplyDelete
  9. Dear Sir ,

    it is mandatory for Society management ( Secretory / president) to inform any illegal activity / Construction / Acts in Society Premises to competent Authority like MCGM , Collector , Forest department ? If yer what is the Clausr of the respective law ?

    ReplyDelete
  10. Dear Sir ,

    Can Any Society denied transfer of Share Certificate on basis of illegal Construction i.e. additional Door done in the Row House.

    ReplyDelete
  11. I have recently purchased a flat in Kolhapur. Registration and all other formalities are done. Transfer fee of Rs. 25000 has been paid by seller. Recently when I approached the society for transfer of shares in my name, the society has asked me to pay Rs. 25000 additional without which they will not transfer the shares. After going through your blog & model bye laws of the society I found that Rs. 25000 max limit is prescribed for such transfers. Kindly guide me if Rs. 25000 has to be paid by both the parties ( Buyer & Seller -25000+25000) and should I approach the office of Dy. Registrar of Kolhapur. Request your guidance

    ReplyDelete

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