FAQ

The responsibility to call Annual General Body Meeting of the society is of the Secretary under rule 60 of the Maharashtra Co-operative Societies Rule 1961.

It is the responsibility of the Committee of the Housing Society under bye-rule no. 139(16) of the society.

If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting.

Yes. As decided on the day of meeting and as mentioned in the notice the meeting can be postpone up to the time determined on the same day. A postpone meeting can be taken on the date determined and this meeting did not required quorum.

Proceeding on the subjects like expelling member of the Co-Operative Housing Society, to make amendment in the bye­ laws, partition of the society, to transfer amalgamated society’s property etc. which are dealing with important policy matter and causing for reaching effect cannot be transacted in the meeting called by not giving proper notice.

At least 14 days’ notice is required.

Once the general body meeting is called then it cannot be invalid unless the order in that regard passed by the Co­ operation court.

In case of default in calling the Annual General Body Meeting as stipulated in bye-law 93(a) above, shall attract disqualification and action as provided under section 75(5) of the Act.

Classification of Co-operative Housing Societies is made in the Maharashtra Co-operative Societies Act 1960 and rule 10 of Rules 1961.
1. Tenant Ownership Co-operative Housing Society in which land is on lease or independently hold. Houses are also own by the members.
2. Tenant Joint Ownership Co-operative Housing Society in which land and houses are owned by the society and house are allotted to the members.
3. Other Co-operative Housing Societies-House Mortgage-age Society-House building Society.

The main objects of the formation of a Housing Society are as under:
1. To obtain conveyance from the owner/Promoter (Builder), in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title and interest, in the land with building/buildings thereon as described in the application for registration of the Society.
2. To manage, maintain and administer the property of the society
3. To raise funds for achieving the objects of the society
4. To undertake and provide, for on its own account or jointly with cooperative institution, social cultural or re-creative activities
5. To do all things, necessary or expedient for the attainment of the objects of the society, as specified in the bye-Jaws

If the building is built by the Builder and Developer than 60 per cent purchaser or promoter should be participated in the registration proposal.

Sign of sixty per cent promoters/who participated in the registration proposal are necessary.

Subject to the following orders the society having less than 10 members can found the only condition is that the built up area of each flat should not be more than 700 sq. ft. and the F.S.I. should not be balanced.

In such situation, the chief promoter of the society should submit the registration proposal to the concerned registrar in the category of builders’ non co-operation.

It is necessary to pay the registration fee at the rate, prescribed by the government time to time. At present the rate of the registration fee is as under: Co-owner/ Ownership/ Co. operative Housing Society Rs. 2,500 /- 0ther (general) Co. Operative societies Rs. 2,500/-

The Area of Operation of the Society is confined to the area in which it is located. The Society has to specify its Area of Operation in its Bye-Jaws while submitting its bye-Jaws for approval before the Registering Authority during the registration of the Society.

The term Chief Promoter is defined in the Bye-Jaws under Bye-Jaw No. 3(iii). A “Chief Promoter” is a person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting of the Society.

The term Promoter is defined under Bye-law No. 3(xii) of the Model Bye-Jaws of the Society. A “Promoter” is a person, who signs the application for registration of the Society before the Registering Authority.

The term Builder-Promoter is defined under the Bye- law No. 3(xiii) of the Model Bye-laws of the Society.
A “Builder- Promoter” means a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other person s, or to a Company, Co-operative Society or other Association of Persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both. For example, where the land owner gives the development rights of his plot to any other builder for constructing the building of the Society, the land owner and the builder both will be clubbed under the term Builder-Promoter.

The said condition is applicable if the Authority who gave the financial assistant or land to the society laid down such condition.

Societies have to make an application to the competent authority in the prescribed form with documents available against the builder. The Competent Authority shall scrutinize the application, collect the documents from the promoter/ builder or from the authorized officer appointed by him and get the application admitted. After the admission of the application, the competent Authority shall conduct the hearing and then take the appropriate decision, whether the applicant or the legal body is a fit case for granting the deemed conveyance. If he passes a favorable order, then he appoints an authorized officer, who shall execute the conveyance deed.

In case of layout plot, the provision for part conveyance has been done in the new proposed Rule No9 (2). It has been clearly pointed out that in case of layout plot, the legal body will be entitled to get the proportionate undivided rights, title and interest in the layout plot based on the FSI/TDR used for the respective building out of the total development potential of the entire layout plot as on the date of conveyance of the land and the building and as per the disclosure made by the builder. In case the builder has not disclosed the same, the entire balance FSI/TDR will be transferred to the legal bodies proportionately otherwise it will be available to the builder.

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 has escaped the duty, the same will have to be paid at the time of registration of the deemed conveyance deed by the legal bodies and the same can be recovered from such flat owners.

No – Deemed conveyance is the process where government authorities take ownership of the land and transfer those rights to the society.
Once the Deemed conveyance is passed by the competent authority, the conveyance deed will be executed by the authorized officer in favor of the societies only. Builder/landowners cannot appeal against the deemed conveyance order passed by the competent authority.

Regular Conveyance – When the builder/developer/landowner are ready to transfer the legal rights of the land to societies is called regular conveyance.

Deemed Conveyance – When the builder/developer/landowner are unwilling to transfer the legal rights to the societies, the society members can seek a legal remedy and fight the case to acquire the legal rights. Such a process is termed as deemed conveyance.

The Promoter (Builder/ Developer) is legally required to convey the land and the building within 4 months of formation to the society or any legal body of the flat purchasers. This provides all legal rights of the land to the societies. However, it has been the observed that many promoters (builders/developers) have not conveyed the land and building to the societies. Many a times these builders/developers do not wish to convey the land to societies or ask for hefty fees for such process.

Hence as per Maharashtra Ownership Flats Act, 1963 (MOFA) societies can got ahead for deemed conveyance even if the builder is not ready or unavailable. The act allows societies to put forward their case and get the legal rights of the land. Competent Authority has been designated who will hears the parties on the basis of applications received from the aggrieved party and transfers the title in favor of the societies by passing the necessary order.

In simple words – Acquiring legal rights of the society land without consent of the builder is called deemed conveyance.