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By P.V.Kane
While registering a co-operative housing society, one has to follow certain procedures. Given under are provisions of law to follow for registering a co-operative housing society.
Specific requirements of Land while registration of society a) Allotment letter if land is obtained from Govt/Collector B.M.C. b) Whether the land is free-hold or lease hold ? If lease hold the disclose the duration of such lease ? c) Whether Non-Agricultural permission is obtained d) Whether the Agreement of Sale or Conveyance is in the name of Builder/Chief Promoter. Judgement of Registeration of Co-operative Housing Societies
A summary of various Judgement & Others delivered by the various High Court, and other Authorities is as under :
Summary of Judgements
a) An Appeal U/S. 154 of M.C.s. Act 1960 filed under No. DVII/HSG/Rajdeep/Appeal/99/83 in the matter of Rajdeep Apartment V/s. The Asstt. Registrar, Co-operative Societies, H(W), Ward, Bombay Societies, Bombay. It has been observed as : In this case the Builders wanted to consume the balance F.S.I. available on the plot and hence were delaying the registration of Society on this count. In this context it has been observed as “ The Respondents should also call for the details and plans etc. from the Builder regarding balance of F.S.I. yet to be consumed and any other particulars if so required. The present strength of the flat owners in the proposed Society is 20 as against 25 flats and 6 galas. If the Builder feels that the strength is less than 60% of the total strength flats proposed to be constructed, then it is for the Builder to bring out the proof in this behalf and if the builder fails to submit necessary proof, the Registering Authority should be free to decide the case of Registration of the Society and the same need not be held up only conditions are fulfilled by the promoters, and the Society, be registered by giving appropriate opportunity to the Builders”.
By the virtue of the above Judgement, the major difficulty of not registering the Society under the guise of balance F.S.I. came to and end and now the Societies with even unconsumed F.S.I. can be registered they are fulfilling the other terms and conditions laid down for Registrations. b) In another matter, the Builders had constructed the several buildings on the big plot of vacant land. The individual flat purchasers of each buildings were interested in registration of separate buildings. The Registrar refused the proposal on the grounds that the plots were not subdivided. The aggrieved party filed a Writ Petition against the State of Maharashtra being Writ Petition No. 1642 of 1983. IN this case Justice M.L.Pendse has observed as under :- “The Registration of the Society cannot be refused on the grounds that 90% of the flat Purchasers have not signed the application. The objection raised by the Registering Authority is without any substance and Registering Authority is bound to register the Society as all the requirements are compiled with.
In this way the major difficulty of Registration of Society in absence of sub-division of plot has now succeeded. c) Shri S.S.Tinaikar, Secretary of Govt. of Maharashtra Housing & Special Assistant Department has now clarified in their letter No.FOB/1084/4677/11 dated 19.5.1984 that Co-operative Housing Society of the Purchasers of flats could be registered if minimum number of person (i.e. at least 60% of the total flat purchasers) have entered into Ownership agreements with the Builders even if either (i) the building of flats has not been given, (iii) Building Occupation Certificate is not granted. Hence, under the above provision the registration of the Society need not be put off if 60% flat purchased have entered into Agreements.