Ved Legal - Uncategorized

General Liabilities of Builder

Ved Legal is having enough experience to deal with these kinds of Deemed Conveyance of Co-operative Housing Societies, in and around Pune. Any aggrieved society or apartment holder can get resolution from us in regards of the same.

A Builder who intends to construct a building of flats, shall make full disclosure of the nature of his title to the land or which the flats are constructed, such title to the land as aforesaid having been duly certified by an Advocate of not less than three years, such title shall be duly entered in the property card or extract of village Forms V or VII and X or any other relevant revenue record.

A Builder shall make full and true disclosure of all encumbrances on such land including any right, title, interest or claim of any party in or over such land on which the Building is to be constructed.

By admin|September 9th, 2019|Uncategorized|Comments Off

HOUSING HANDOVER PROCESS LAWYERS

The Registration process and requirements are governed by Maharashtra State Co-operative Society Act 1960. To Register Co-op. Housing Society, Minimum 10 member are required. Less than 10 members Societies are also Registered as per M.S.Govt. Ordinance No. 1094 and 277/14 Dated 10/03/1995. But such member’s flats should be less than 700 Sq.ft. Carpet Area. As per recent M.S. Govt. Notification conditions for registrations are liberalized.51 % 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 registers 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 owners 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 owners 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 together also can do work for registration.

By admin|September 6th, 2019|Uncategorized|Comments Off

Advocates for register a new housing Society

We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.
We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.

By admin|September 6th, 2019|Uncategorized|Comments Off

Co-operative Housing Society Provisions applicable

a) Every Society shall appoint auditor from panel Approved by State Govt.
b) Auditor must be appointed in AGM r SGM and not in managing committee.
c) Appointment of Auditor and his consent letter is to be submitted DRCS with in 30 Days.
d) If the AGM is not conducted within stipulated time, ruling committee deemed to be vacated for further five years and fine shall be up to Rs. 5,000/-
e) If officer concern failed to call such SGM U/s 76 the DRCS may declare such officer or Member disqualified for not exceeding five years. Further the DRCS may impose fine not exceeding Rs. 5,000/-
f) If Accounts are not audited and not placed before AGM then the Register can get it audited and not placed before AGM then the Registrar can get it audited from Govt. panel Auditor List maintained by Co-operative Commissioner, Pune.
g) In Audit report if any person/committee member is guilty of any offence, he shall file report to Registrar within 15 days.

By admin|September 4th, 2019|Uncategorized|Comments Off

Election of Committee Member of Housing Society

a) Society’s election shall be conducted by State Election Committee.
b) At society level election of Managing committee shall not be conducted. if conducted then illegal.
c) For more information about election write or contact to DRCS.
d) Default member will not have voting rights.
e) Active Member are only eligible for Voting
f) If you constitute M.C in Annual General Meeting then it is considered as Illegal.
g) Election Fund is to be contributed every year payable to State Election Authority
h) Educational Fund to be contributed to seek training for M.C. Members.

By admin|September 4th, 2019|Uncategorized|Comments Off

Procedure & Practice of Co-operative Housing Society Management

With Reference to 97th Amendment the Governor of M.S had issued Ordinance dated 15-2-2013 and implemented changes in Co-op. Societies Management changes. Later on the said changes are been approved in Legislative Assembly.

a) All Societies are obliged to adopt Changed Bye Law.
b) Auditor is to be appointed in AGM/SGM from panel List of Co-op Commissioner.
c) Every three year Panel Auditor is to be changed.
d) Society has to submit last election details to DRCS.
e) To submit bye law amended proposal before DRCS in time.

Which societies Managing Committee period is over and about to complete before six month, they will not conduct election. Election shall be conducted by Authorise Officer appointed by State Election Authority of M.s.

By admin|September 4th, 2019|Uncategorized|Comments Off

Deemed Conveyance in Pune

Deemed Conveyance under section 11(3) of Maharashtra Ownership Flats (Regulations of Promotion Construction Sale, Management & Transfer) Act, 1963, Sec 11(3) of Maharashtra Co-operative Societies Act, 1960 Sec 12(1), Deemed Conveyance under section 11(3) – Objection that because individual registrations had already been done and some purchasers of flats were separately registered their deemed conveyance for a part of plot without taking into consideration all occupants and subsequent comes could not be granted. Provisions of section 10 of MOF Act show that as soon as minimum number of persons required to form a co-operative society have taken flats.

Builder has to submit an application to Registrar within prescribed period. Obligation is cast on promoter/builder and then only it is not lawful to form any Co-operative Society. It was obligatory for petition to apply to Registrar to form a society within 4 months. purchasers did it themselves in 2009 and petitioner never objected to it and has approached this court direct after more than 3 years.

By admin|August 30th, 2019|Uncategorized|Comments Off

Importance and Meaning of Conveyance

Meaning

The law and practice of effecting property transactions and pf contracts in general is commonly known as ‘Conveyancing’
Conveyancing is described as an “art of creating, transferring and extinguishing interests in property both in dealing with substantive law and providing examples to illustrate its principles.

Importance of Conveyance

The question arises, what is the importance or advantage of the conveyancing system. The importance arises out of the legal system prevailing in the society. The society which recognises private ownership of property and is governed by the Rule of Law much have necessarily laws governing rights and obligations of persons owning properties or otherwise and the laws governing rights and obligations of properties or otherwise are required to be in consonance with the law.

Every Deed & Documentation relating to property or other commercial transaction has to be based on the law relating thereto, otherwise the document may prove to be illegal or ineffective and so also the transaction represented by it. That is where Conveyancing comes and becomes a branch of the legal system and practice.
It is said that technically speaking conveyancing is an art of drafting deeds whereby the land or any interest in the land is transferred by one person to another but it is submitted that conveyance is properly called an expertise or technique sense as is understood by some.

By admin|August 30th, 2019|Uncategorized|Comments Off

Pros and Cons of Deemed Conveyance

Builder takes a Land for development from a land owner either by purchasing or with a development agreement. In either case he holds the ownership rights of the land directly or indirectly.
Once construction is completed builder sales flat to different customers/purchaser, wherein builder and purchaser carry out a registered purchase/sale agreement for that particular flat. Thus, all flats are sold to each customer, in turn builder conveys the structure. Thereafter, builder forms the cooperative housing Society of these customers and transfers the rights of structure to the Society.
Since, all the flats in the structure are already sold, transferring rights of the structure is pretty easy. However, one important part is ignored. It’s a transfer of ownership of the land to the Society. This is forgotten by builder, either to keep vested interest or just because of laziness, Land is not conveyed to the Society.

Now, structure is conveyed, structure and land both are in possession of the Society but builder remains as an owner of the land. As per Law , either by provisions of MOFA or by RERA, builder must convey the land to the Society in stipulated period. Members of this society have nothing to worry about this small defect in the title as they are in possession of the property, they own the flat, they can avail Home Loans, they can sale or mortgage the flat without a hitch. Problem arises when The Society goes for redevelopment. In order to get plans approved in Pune Municipal Corporation, it’s owner who has to apply. At this stage, Society realised that they are not owners and they have to beg the builder. This is the only problem you can face.

This problem is overcome by law. Government of Maharashtra has passed a law where Society can get land conveyed to it’s name without cooperation of the builder

By admin|August 28th, 2019|Pros and Cons of Deemed Conveyance, Uncategorized|Comments Off

Deemed Conveyance Pros & Cons

Builder takes a Land for development from a land owner either by purchasing or with a development agreement. In either case he holds the ownership rights of the land directly or indirectly.
Once construction is completed builder sales flat to different customers/purchaser, wherein builder and purchaser carry out a registered purchase/sale agreement for that particular flat. Thus, all flats are sold to each customer, in turn builder conveys the structure. Thereafter, builder forms the cooperative housing Society of these customers and transfers the rights of structure to the Society.
Since, all the flats in the structure are already sold, transferring rights of the structure is pretty easy. However, one important part is ignored. It’s a transfer of ownership of the land to the Society. This is forgotten by builder, either to keep vested interest or just because of laziness, Land is not conveyed to the Society.

Now, structure is conveyed, structure and land both are in possession of the Society but builder remains as an owner of the land. As per Law , either by provisions of MOFA or by RERA, builder must convey the land to the Society in stipulated period. Members of this society have nothing to worry about this small defect in the title as they are in possession of the property, they own the flat, they can avail Home Loans, they can sale or mortgage the flat without a hitch. Problem arises when The Society goes for redevelopment. In order to get plans approved in Pune Municipal Corporation, it’s owner who has to apply. At this stage, Society realised that they are not owners and they have to beg the builder. This is the only problem you can face.

This problem is overcome by law. Government of Maharashtra has passed a law where Society can get land conveyed to it’s name without cooperation of the builder

By admin|August 23rd, 2019|Uncategorized|Comments Off