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Lawyers for transfer of share of member in Co-operative Housing society in Pune

Lawyers for transfer of share of member in Co-operative Housing society in Pune

  • Procedure for Transfer of Shares of Existing Member of Society.

1) No Transfer of shares shall be effective unless,-

  1. a) It is made in accordance with the provisions of bye-laws:
  2. b) A clear fifteen days notice in writing is given to the society by the transferee indicating there in the name of the proposed transferee, his consent, his application for membership, where necessary, and shall pay transfer fee of Rs 25000/- or less.
  3. c) All liabilities of the transferor due to the society are discharged
  4. d) The transfer is registered in the books of the society.

2) Any charge in favour of society on the share so transferred will continue unless it is discharged.

  • Nomination of person for transfer of his share

1) For the purpose of transfer of his own share or interest under sub-section (1) of section 30, a member of society may, by a document signed by him or by making a statement in any book kept for the purpose by the society, may nominate any person or persons. Where the nomination is made by the document, such document shall be deposited with the society during the member’s lifetime and where the nomination is made by a statement shall be signed by the member during his lifetime and attested by one witness.

2) The nomination made under sub-rule (1) may be revoked or varied by any other nomination made in accordance with that sub-rule.

3) (i) Where a member of a society has not made any nomination during his lifetime, the society shall on the member’s death, by a public notice exhibited at the office of the society, invite claims or objections for the proposed transfer of the share or interested of the member who is dead within the time specified in the notice.s

(ii) After taking into consideration the claims and objections received in reply to the notice or otherwise, and after making such inquiries as the committee considers proper in the circumstances prevailing, the committee shall decide  to the person who in its opinion is the heir or legal representation of the deceased member and proceed to take action under section 30, and will transfer the share certificate in the name of person who is Nominated by the Committee .

 * Registration of nominations

The name and address of the person nominated for the purposes of sub-section (1) of section 30 and any revocation or variation of such nomination shall be entered in the register kept under Rule 32.

Consultants for transfer of share of member in Co-operative Housing society in Pune

  • Procedure for Transfer of Shares of Existing Member of Society.

1) No Transfer of shares shall be effective unless,-

  1. a) It is made in accordance with the provisions of bye-laws:
  2. b) A clear fifteen days notice in writing is given to the society by the transferee indicating there in the name of the proposed transferee, his consent, his application for membership, where necessary, and shall pay transfer fee of Rs 25000/- or less.
  3. c) All liabilities of the transferor due to the society are discharged
  4. d) The transfer is registered in the books of the society.

2) Any charge in favour of society on the share so transferred will continue unless it is discharged.

  • Nomination of person for transfer of his share

1) For the purpose of transfer of his own share or interest under sub-section (1) of section 30, a member of society may, by a document signed by him or by making a statement in any book kept for the purpose by the society, may nominate any person or persons. Where the nomination is made by the document, such document shall be deposited with the society during the member’s lifetime and where the nomination is made by a statement shall be signed by the member during his lifetime and attested by one witness.

2) The nomination made under sub-rule (1) may be revoked or varied by any other nomination made in accordance with that sub-rule.

3) (i) Where a member of a society has not made any nomination during his lifetime, the society shall on the member’s death, by a public notice exhibited at the office of the society, invite claims or objections for the proposed transfer of the share or interested of the member who is dead within the time specified in the notice.s

(ii) After taking into consideration the claims and objections received in reply to the notice or otherwise, and after making such inquiries as the committee considers proper in the circumstances prevailing, the committee shall decide  to the person who in its opinion is the heir or legal representation of the deceased member and proceed to take action under section 30, and will transfer the share certificate in the name of person who is Nominated by the Committee .

*Registration of nominations.

The name and address of the person nominated for the purposes of sub-section (1) of section 30 and any revocation or variation of such nomination shall be entered in the register kept under Rule 32.

Advocates for transfer of share of member in Co-operative Housing society in Pune

  • Procedure for Transfer of Shares of Existing Member of Society.

1) No Transfer of shares shall be effective unless,-

  1. a) It is made in accordance with the provisions of bye-laws:
  2. b) A clear fifteen days notice in writing is given to the society by the transferee indicating there in the name of the proposed transferee, his consent, his application for membership, where necessary, and shall pay transfer fee of Rs 25000/- or less.
  3. c) All liabilities of the transferor due to the society are discharged
  4. d) The transfer is registered in the books of the society.

2) Any charge in favour of society on the share so transferred will continue unless it is discharged.

  • Nomination of person for transfer of his share

1) For the purpose of transfer of his own share or interest under sub-section (1) of section 30, a member of society may, by a document signed by him or by making a statement in any book kept for the purpose by the society, may nominate any person or persons. Where the nomination is made by the document, such document shall be deposited with the society during the member’s lifetime and where the nomination is made by a statement shall be signed by the member during his lifetime and attested by one witness.

2) The nomination made under sub-rule (1) may be revoked or varied by any other nomination made in accordance with that sub-rule.

3) (i) Where a member of a society has not made any nomination during his lifetime, the society shall on the member’s death, by a public notice exhibited at the office of the society, invite claims or objections for the proposed transfer of the share or interested of the member who is dead within the time specified in the notice.s

(ii) After taking into consideration the claims and objections received in reply to the notice or otherwise, and after making such inquiries as the committee considers proper in the circumstances prevailing, the committee shall decide  to the person who in its opinion is the heir or legal representation of the deceased member and proceed to take action under section 30, and will transfer the share certificate in the name of person who is Nominated by the Committee .

Registration of nominations

The name and address of the person nominated for the purposes of sub-section (1) of section 30 and any revocation or variation of such nomination shall be entered in the register kept under Rule 32.

Society Formation Advocates in Pune

Advocates for Formation / Registration of Co-operative Housing Societies

According to the Law, every Builder / Developer has to form a Housing Co-operative Society with limited options available in this regard to managing the affairs of the building i.e.

(a) Condominium
(b) Private Limited Company and
(c) Co-operative Society, (excluding the unrealistic rental housing),

It wouldn’t be an exaggeration to state that in at least 90% the Promoters and / or the Builders have formed a Housing Co-operative Society.
The basic requirements for a Co-operative Housing Society Registration normally are unknown to the flat/unit purchasers. It is the statutory obligation cast upon the builder, where the builder acts as a friend, philosopher, and guide of the promoters and helps them in forming a Co- operative Housing Society.

There are four types of Housing Co-operative Societies

(a) Open Plot type Societies [Tenant ownership]
(b) Flat Owners Societies [Tenant Co-partnership]
(c) Tenant Societies
(d) Housing Board Societies.

The procedure for Co-operative Housing Society Registration in Pune begins with electing a Chief Promoter in a meeting of the Promoters. 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 by the signature of at least 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of at least 10 members. If the number is less than 10 then special permission from Government has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach a number of 10.

It would be of interest to note that the model bye-laws 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 showroom, 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 need to be submitted to the Registering Authorities for Housing Co-operative Society Registration are as under :

1. Application for registration of Housing Co-operative 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 Housing Co-operative Society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed Housing Co-operative 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. S.B.I. / Treasury Challan for payment of Registration Fee of Rs. 2500
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. 100/- Stamp Paper from at least 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. An affidavit from the Chief Promoter on Stamp Paper of Rs. 100/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of an 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 authorizing the promoter to sign on behalf of firm / company.
15. In the 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 to the formation of a private limited company if one member proposes to acquire the majority of flats in the building.

By |February 27th, 2017|Society Formation Advocates in Pune, Uncategorized|0 Comments

Lawyers for Divorce in Pune

Ved legal is Associated with experienced Advocates in Divorce /Matrimonial Cases in and around Pune, and have vast experience in the handling  Family issues which arises after marriage, Ved legal gives the proper consultation with the concrete solution to their clients, so that they can settle their dispute amicably. Below is the brief description of the jurisdiction and procedure followed in Family Court.

Introduction

Marriage is an institution which is considered as sacred in India. But with the changing times marriage has become a subject of great judicial scrutiny. Before 1984 all family matters were seen by ordinary civil court judges who used to deal with matters like recovery of money or property. In 1984 the Government of India after the recommendation of the Law Commission in their 59th Report the family courts were created by a Gazette notification of the Central Government. This Act was known as ‘The Family Courts Act, 1984’.

The family courts exercise the entire jurisdiction which is exercised by any District Court or any subordinate civil court in the following matters-

  • Matrimonial causes
  • Maintenance and alimony of spouses
  • Custody and guardianship of children
  • Settlement of spousal property

Ved Legal is a team of Lawyers and Consultants practicing in Divorce, Domestic Violence /Matrimonial cases in Pune, and help to settle the family issues by conciliation.

Cruelty is one of the ground  were either Wife or Husband can claim for Divorce.

Matrimonial matters are matters of delicate human and emotional relationship. It demands mutual trust, regard, respect, love and affection with sufficient play for reasonable adjustments with the spouse. The relationship has to conform to the social norms as well. The matrimonial conduct has now come to be governed by statute framed, keeping in view such norms and changed social order.
Divorce in general means the breakage or dissolution of marriage with the help of law, so that one can leave his or her spouse and become free from marital duties with some exceptions.

What Is Cruelty?

Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non-violent.

To constitute cruelty, the conduct complained of should be “grave and weighty” so as to come to the conclusion that the spouse cannot be reasonably expected to live with the other spouse. It must be something more serious than “ordinary wear and tear of married life”. The conduct taking into consideration the circumstances and background has to be examined to reach the conclusion whether the conduct complained of amounts to cruelty in the matrimonial law.

Conduct has to be considered, as noted above, in the background of several factors such as social status of parties, their education, physical and mental conditions, customs and traditions. It is difficult to lay down a precise definition or to give exhaustive description of the circumstances, which would constitute cruelty. It must be of the type as to satisfy the conscience of the Court that the relationship between the parties had gone to such extent due to the conduct of the other spouse that it would be impossible for them to live together without mental torture or distress, to entitle the complaining spouse to secure divorce.

Physical violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty. Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party.

 

Impact of Physical and Mental Cruelty in Matrimonial Matters;

Prior to the 1976 amendment in the Hindu Marriage Act, 1955 cruelty was not a ground for claiming divorce under the Hindu Marriage Act. It was only a ground for claiming judicial separation under Section 10 of the Act. By 1976 Amendment, the Cruelty was made ground for divorce. The words, which have been incorporated, are “as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party”.

Legal Provisions:

The Hindu Marriage Act-1955 has given the legal provision for divorce on basis of cruelty under section – 13(1)(ia) as follows;

“Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”.

On basis of this section we can explain this legal basis for the divorce as anybody who is getting suffered from the other party in physical manner or a mental torture or any other type of harassment then the other can reach to the court with this base and claim for the divorce. And there are various cases where courts held that the intention to be cruel is not an essential element of cruelty as envisaged under this section.

 

Any Female/Male who is victim of any physical, sexual or mental torture or any other type of harassment may go to the court and claim for appropriate relief or Divorce under section 13(1)(ia)  of  Hindu Marriage Act  or  may seek protection under the Domestic Violence Act, 2005 which protects Women to live fearless from Men surrounded by them.

Protection given to Women under Domestic Violence Act, 2005 are as follows:

  • The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with them are entitled to get legal protection under the proposed Act.
  • “Domestic violence” includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
  • One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
  • The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
  • The draft Act provides for appointment of Protection Officers  provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.
  • The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.

“economic abuse” includes deprivation of all or any economic or financial resources to which the victim is entitled under any law or custom whether payable under an order of a Court or otherwise or which the victim requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by her, payment of rental related to the shared household and maintenance and disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the victim has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the victim or her children or her stridhan or any other property jointly or separately held by the victim and prohibition or restriction to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household,

“physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force.

 

Conveyance Deed of Society in Pune

Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

Only after executing the Conveyance Deed, the legal ownership of the land and the building will be with the society; till such time the society has only possession rights without any legal right for re-development or any other commercial benefit.

Under section 11 of MOFA Act, the builder/ Developer/ Landowner/ promoter are duty bound to co-operate with the CHS and execute a Conveyance deed before the Sub-Registrar and the original documents are handed over the new owners after completing all the necessary procedure.

In case of Deemed Conveyance, the builder/ land owner and/ or their legal heirs are not co-operating, therefore, the society appears before the Designated Competent Authority, who hears all the parties and passes the necessary order of Conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who do not wish to convey the property since they foresee a future commercial value of the property including usage of potential FSI for their personal benefit. Deemed Conveyance is a final Conveyance. Further, the same can be registered. There is no appeal against the Deemed Conveyance order passed by the competent Authority.

Like regular Conveyance, even on Deemed Conveyance, the stamp duty will be only Rs.100/-, if all the flat owners have paid the stamp duty and have done the registration of their respective flats including on all the transactions (Chain of Agreements) done in those flats. In case there are some flat owners who have not paid the stamp duty or have escaped the duty, the same will have to be paid after obtaining the deemed conveyance, at the time of registration of the Deemed Conveyance deed by the legal bodies and the same can be recovered from such flat owners.

The papers required for doing Deemed Conveyance:

  • Application Form 7 to the District Deputy Registrar, Co-operative Societies, affixing a court fee stamp of Rs 2,000 on the application
  • Affidavit made before the Notary or Executive Magistrate
  • True copy of the Society Registration Certificate
  • Stamp duty paid and registered agreement copies of all individual flats/ shops
  • List of members in prescribed format
  • Index-II for each member as issued by the Sub-Registrar of Assurance
  • Copy of the Development Agreement between land owner and builder
  • Copy of the legal notice issued to the original owner or developer for doing conveyance
  • Details of corresponding address telephone number etc. of the original owner or developer
  • Draft conveyance deed/ Declaration proposed to be executed in favour of the applicant

Documents to be obtained from City Survey Office:

  • City (CTS) Survey plan
  • Property Registration Card or
  • 7/12 extract of the land
  • Village form 6 (Mutation entries from Revenue Office)


Documents to be obtained from the 
Collector’s Office:

  • Copy of the Non-Agricultural Order
  • Certificate of the exclusion from Land Ceiling Act (ULC) Certificate

Documents to be obtained from the concerned Municipal Authority Office:

  • Copy of the approved plan
  • IOD
  • Commencement Certificate
  • Building Completion certificate
  • Occupation Certificate (not compulsory)
  • Property taxes paid
  • Location plan of the building

Documents to be obtained from other professionals:

  • Search Report of the land issued by the Solicitor/Advocate
  • Title Certificate of the Property issued by the Solicitor/Advocate (Search by minimum for last 30 years)
  • Land Measurement Map/ Architect’s Certificate (layout plan of the plot)
  • Certified copy from Panel Architect about the utilization of full FSI or FSI if any left in respect of the said property /Plot.

Procedure after submission of all the above documents to the Sub-Registrar:

  • After spot visit by authorized government officials, a notice would be sent to the builder
  • Builder can submit written arguement, before a formal hearing is held
  • Public notice has to be published in 2 newspapers, of which one shall be in Marathi.
  • If there is no response or objection to the notice, then speaking order and certificate of deemed conveyance is issued to the society
  • Once the Deemed Conveyance order with Conveyance deed is executed, the index II has to be obtained and submitted to the Talati office or City Survey office to incorporate the name of the society in the 7/12 extracts or in the property card as the case may be and/ or both.
  • If society did not have an OC while applying for deemed conveyance, it is compulsory for the society to obtain an OC from BMC, after the deemed conveyance is obtained.

 

By |February 24th, 2017|Conveyance Deed of Society in Pune|0 Comments

Deemed Conveyance process in Pune

Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

Only after executing the Conveyance Deed, the legal ownership of the land and the building will be with the society; till such time the society has only possession rights without any legal right for re-development or any other commercial benefit.

Under section 11 of MOFA Act, the builder/ Developer/ Landowner/ promoter are duty bound to co-operate with the CHS and execute a Conveyance deed before the Sub-Registrar and the original documents are handed over the new owners after completing all the necessary procedure.

In case of Deemed Conveyance, the builder/ land owner and/ or their legal heirs are not co-operating, therefore, the society appears before the Designated Competent Authority, who hears all the parties and passes the necessary order of Conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who do not wish to convey the property since they foresee a future commercial value of the property including usage of potential FSI for their personal benefit. Deemed Conveyance is a final Conveyance. Further, the same can be registered. There is no appeal against the Deemed Conveyance order passed by the competent Authority.

Like regular Conveyance, even on Deemed Conveyance, the stamp duty will be only Rs.100/-, if all the flat owners have paid the stamp duty and have done the registration of their respective flats including on all the transactions (Chain of Agreements) done in those flats. In case there are some flat owners who have not paid the stamp duty or have escaped the duty, the same will have to be paid after obtaining the deemed conveyance, at the time of registration of the Deemed Conveyance deed by the legal bodies and the same can be recovered from such flat owners.

The papers required for doing Deemed Conveyance:

  • Application Form 7 to the District Deputy Registrar, Co-operative Societies, affixing a court fee stamp of Rs 2,000 on the application
  • Affidavit made before the Notary or Executive Magistrate
  • True copy of the Society Registration Certificate
  • Stamp duty paid and registered agreement copies of all individual flats/ shops
  • List of members in prescribed format
  • Index-II for each member as issued by the Sub-Registrar of Assurance
  • Copy of the Development Agreement between land owner and builder
  • Copy of the legal notice issued to the original owner or developer for doing conveyance
  • Details of corresponding address telephone number etc. of the original owner or developer
  • Draft conveyance deed/ Declaration proposed to be executed in favour of the applicant

Documents to be obtained from City Survey Office:

  • City (CTS) Survey plan
  • Property Registration Card or
  • 7/12 extract of the land
  • Village form 6 (Mutation entries from Revenue Office)


Documents to be obtained from the 
Collector’s Office:

  • Copy of the Non-Agricultural Order
  • Certificate of the exclusion from Land Ceiling Act (ULC) Certificate

Documents to be obtained from the concerned Municipal Authority Office:

  • Copy of the approved plan
  • IOD
  • Commencement Certificate
  • Building Completion certificate
  • Occupation Certificate (not compulsory)
  • Property taxes paid
  • Location plan of the building

Documents to be obtained from other professionals:

  • Search Report of the land issued by the Solicitor/Advocate
  • Title Certificate of the Property issued by the Solicitor/Advocate (Search by minimum for last 30 years)
  • Land Measurement Map/ Architect’s Certificate (layout plan of the plot)
  • Certified copy from Panel Architect about the utilization of full FSI or FSI if any left in respect of the said property /Plot.

Procedure after submission of all the above documents to the Sub-Registrar:

  • After spot visit by authorized government officials, a notice would be sent to the builder
  • Builder can submit written arguement, before a formal hearing is held
  • Public notice has to be published in 2 newspapers, of which one shall be in Marathi.
  • If there is no response or objection to the notice, then speaking order and certificate of deemed conveyance is issued to the society
  • Once the Deemed Conveyance order with Conveyance deed is executed, the index II has to be obtained and submitted to the Talati office or City Survey office to incorporate the name of the society in the 7/12 extracts or in the property card as the case may be and/ or both.
  • If society did not have an OC while applying for deemed conveyance, it is compulsory for the society to obtain an OC from BMC, after the deemed conveyance is obtained.

 

 

By |February 24th, 2017|Deemed Conveyance process in Pune|0 Comments

Cooperative Societies Registration in Pune

Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

Cooperative Societies Registration in Pune The first step is to get 10 individuals together who are eager of forming a society. A provisional committee should be formed and after formatting a provisional committee, a chief promoter should be elected from amongst them. A Name has to be selected for the Society. An Application has to be made to the Registration Authority for reservation of a letter and name to that effect has to be obtained confirming the reservation of Name. Once, the name reserved is valid for 3 Months. The share capital and entrance fees have to be collected from the prospective members. A Bank account is to be opened in the name of the proposed society as per the directions of the registration Authority. The share money and entrance fees have to be deposited in the bank account and the certificate from the bank has to be obtained in that respect. The registration fees have to be deposited with the Reserve Bank of India and receipted 1 challan thereof is to be obtained. The application for the registration of the society should be submitted to the Registrar of Societies of the concerned municipal ward. The documents to be submitted for the registration are as follows: Form No. An in quadruplicate signed by 90% of the promoter members List of promoter members. Bank Certificate. Detailed explanation of working of the society. 4 copies of proposed bye-laws of the society. Proof of payment of registration charges. Other documents like affidavits, indemnity bonds, any documents specified by the Registrar also have to be submitted. The Registrar will enter the particulars in register of application maintained in Form “B” and issue receipt and give serial number in acknowledgment of the same. The Registrar on the registration will notify the registration of the Society in the Official Gazette and issue Registration Certificate.

By |February 24th, 2017|Cooperative Societies Registration in Pune|0 Comments

Formation / Registration of Co-operative Housing Societies in Pune

Formation / Registration of Co-operative Housing Societies

According to the Law, every Builder / Developer has to form a Housing Co-operative Society with limited options available in this regard to managing the affairs of the building i.e.

(a) Condominium
(b) Private Limited Company and
(c) Co-operative Society, (excluding the unrealistic rental housing),

It wouldn’t be an exaggeration to state that in at least 90% the Promoters and / or the Builders have formed a Housing Co-operative Society.
The basic requirements for a Co-operative Housing Society Registration normally are unknown to the flat/unit purchasers. It is the statutory obligation cast upon the builder, where the builder acts as a friend, philosopher, and guide of the promoters and helps them in forming a Co- operative Housing Society.

There are four types of Housing Co-operative Societies

(a) Open Plot type Societies [Tenant ownership]
(b) Flat Owners Societies [Tenant Co-partnership]
(c) Tenant Societies
(d) Housing Board Societies.

The procedure for Co-operative Housing Society Registration begins with electing a Chief Promoter in a meeting of the Promoters. 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 by the signature of at least 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of at least 10 members. If the number is less than 10 then special permission from Government has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach a number of 10.

It would be of interest to note that the model bye-laws 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 showroom, 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 need to be submitted to the Registering Authorities for Housing Co-operative Society Registration are as under :

1. Application for registration of Housing Co-operative 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 Housing Co-operative Society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed Housing Co-operative 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. S.B.I. / Treasury Challan for payment of Registration Fee of Rs. 2500
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. 100/- Stamp Paper from at least 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. An affidavit from the Chief Promoter on Stamp Paper of Rs. 100/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of an 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 authorizing the promoter to sign on behalf of firm / company.
15. In the 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 to the formation of a private limited company if one member proposes to acquire the majority of flats in the building.

List of Documents for Deemed Conveyance as under

  • Resolution & Notice to Builder
  • Development Agreement
  • Power of Attorney
  • Layout Plan (Blueprint)
  • Commencement Certificate, if so
  • Completion Certificate, if so
  • 7/12 Extract
  • Search Title Report
  • N.A. Order & U.L.C Order
  • Single copy of an Agreement (First Buyer)
  • All Index- II of all flats/shops
  • Architect Certificate of Area

Professional Charges & Expenses For Society Formation

  • 1. 10 to 25 Flats – Rs.3,500/-per flat + Rs.20,000/- (Advocate Fee)
  • 2. 26 to 50 Flats – Rs.3,500/-per flat
  • 3. 51 to 100 Flats – Rs.3,000/-per flat
  • 4. 101 to 200 Flats – Rs.2,500/-per flat
  • 5. Above 200 Flats – Rs.2,000/-per flat

For More information please contact us:
Consultants for Housing Co-operative Society Registration in Pune / Housing Co-operative Society Formation in Pune
Ved Legal
Email: [email protected] / [email protected]
Mobile: +91 9763040088

Best Lawyers for Divorce in Pune

Ved legal is Associated with expertise Advocates in Divorce and Matrimonial Cases in and around Pune, and have vast experience in the Family issues which arises after marriage, Ved legal gives the proper consultation with the concrete solution to their clients, so that they can settle their dispute amicably. Below is the brief description of the jurisdiction and procedure followed in Family Court.

Introduction

Marriage is an institution which is considered as sacred in India. But with the changing times marriage has become a subject of great judicial scrutiny. Before 1984 all family matters were seen by ordinary civil court judges who used to deal with matters like recovery of money or property. In 1984 the Government of India after the recommendation of the Law Commission in their 59th Report the family courts were created by a Gazette notification of the Central Government. This Act was known as ‘The Family Courts Act, 1984’.

Jurisdiction

  1. Civil matters

The family courts exercise the entire jurisdiction which is exercised by any District Court or any subordinate civil court in the following matters-

  • Matrimonial causes
  • Maintenance and alimony of spouses
  • Custody and guardianship of children
  • Settlement of spousal property
  1. Criminal matters

The judge is vested with the power exercisable by the Magistrate of First Class under Chapter IX of Code of Criminal Procedure section 125 which is Order for maintenance of wives, children and parents.

Powers of Family Court

  1. The family court has the power to make their own procedure.
  2. They are not required to record the oral statement of the witness at length.
  3. The appeal from family courts lies directly to the High Court.
  4. The Family Court can receive any document or statement even if it is not admissible under Indian Evidence Act 1872.

 

Procedure to be followed by family court

  1. Section 9 provides that the family court should try to resolve the matter through conciliation and settlement.
  2. If there is possibility of settlement of dispute the court should adjourn the proceedings until such settlement is arrived at.
  3. The parties of the proceeding are not required to hire a legal practitioner; however they are entitled to appoint an ‘amicus curie’ to assist the parties in the settlement proceedings.
  4. In camera proceedings can be ordered if the parties desire. (In camera proceedings means that the public is not allowed to see the proceedings)
  5. Judgment should be concise with the statement of the case, determination of the decision and the reason for the decision.
  6. Provisions of Code of Civil Procedure, 1908 are applied in the enforcement of the order or the judgment.
  7. The Court can take assistance of medical and welfare experts.

Appeal                                             

  1. Appeal from judgment or order of Family Court can be made to the High Court within 30 days of passing the order or the judgment.
  2. The appeal can be on both question of law and question of fact.
  3. The appeal should be heard by a High Court bench of two or more judges.
  4. No appeal lies against an order which is passed with the consent of the parties.

Steps to follow for registering a suit in a Family Court

  1. If a person wants to register a suit in the family court then he needs to describe all the details clearly on a watermarked paper and submitted along with the court fees.
  2. Along with the suit papers the petitioner should attach an affidavit that all the facts stated in the plaint is true.
  3. The papers are submitted to the registrar of the Family Court who verifies all the relevant documents.
  4. These files are presented to the Principal Judge of the Family Court. After verification of each file and hearing the petitioners, the Principal Judge decides whether the suit is fit for registration.
  5. The applicant files the summons form and gets the next date for hearing.