Legal Queries

Question:
Respected Sir, We are 60 flat Owner living in 5 Building each consist 12 flat at Pune. At the time of purchasing a flat, no one aware about the Apartment and Co-Operative Housing Society differences. We have signed the agreement with the clause as "Apartment Ownership" under the act "Maharashtra Ownership Flat act 1963 and 1970". Unanimously we had requested builder to form a Co-Operative H. Society, but he denied that means he is going to form Apartment Society. BUT we need Co-Op. H. Society. So my query is "Still can we form Co-Op Hou. Society"? Will it be legal ? Can we tackle builder to the Court ? Can he ignore the request of 60 Flat Owners? -- Nitin Desai

Reply:
Dear Nitin Desai,

Under Maharashtra Ownership Of Flats (Regulation Of The Promotion Of Construction, Sale, Management And Transfer) Act, 1963 (MOFA), SECTION 10:

PROMOTER TO TAKE STEPS FOR FORMATION OF COOPERATIVE SOCIETY OR COMPANY

Sub Section 1[(1) As soon as a minimum number of persons required to form a co- operative society or a company have taken fiats, the promoter shall within the prescribed period submit an application to the Registrar for registration of the organization of persons who take the flats as a co operative society or, as the case may be, as a company; and the promoter shall join, in respect of the flats which have not been taken, in such application for membership of a co-operative society or as the case may be of. a company. Nothing in this section shall effect the right’ of the promoter to dispose of the remaining flats in accordance with the provisions of this Act.

Therefore, even if the Agreement with the promoter/builder is signer under MOFA 1963 and 1970, the builder can not escape the mandatory responsibility of forming a co-operative housing society and conveying the title of the plot to the CHS i.e. transferring the plot of the building in the name of such CHS.

If the builder is not cooperating, you will need to opt for formation of CHS under non-cooperation of builder… The procedure for which is bit different and can be discussed and explained separately.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com



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