Professional Documents
Culture Documents
nd
th
Mumbai 400 001 on 2 & 16 of Every Month
1.
Some of the common problems related to co-operative societies and the solution to the same
are produced as under:S.N. Problem
Suggested Solution
Page No. 1
Society
collecting
exorbitant
amounts at the time of transfer of
flat, collecting exorbitant amount
towards non occupancy charges.
a)
Managing
Committee
members not issuing Share
Certificate to members.
b) Society not taking action
against the members of the
managing committee who have
misused the funds of the society.
c) Society not taking action
against defaulters who are
managing committee members.
Society
and
its
members
employing minors
6.
If you wish to advertise in our magazine Housing Society Matters (print order of this
issue is 20,000 copies) or for advertisments in the books
(1) Stamp Duty Ready Reckoner for Bombay 2014.
(2) Stamp Duty Ready Reckoner for Navi Mumbai 2014.
(3) Co-operative Societies Ready Reckoner 2014, (800+ pages).
(4) Answers to your Questions on Co-operative Socieites 2014 in English.
(5) Answers to your Questions on Co-operative Socieites 2014 in Hindi.
(6) Answers to your Questions on Co-operative Socieites 2014 in Gujarati.
(7) Answers to your Questions on Co-operative Socieites 2014 in Marathi.
(8) Co-operative Guide 2014.
(9) Redevelopment of Co-operative Societies 2014.
(10) Service Tax & Co-operative Societies 2014.
(11) Co-operative Societies & Criminal Law 2014.
(12) Conveyance for Co-operatve Societies 2014.
(13) Specimen Petitions in Co-operative Courts 2014.
(14) Slum Rehabilitation Authority Ready Reckoner 2014
Please Contact on 93240 68 689. Or on Email Id: hsg.soc.sampat@gmail.com
(We may add that materials authored by us may be referred for a long time by societies and other
persons intimately connected with co-operative societies).
16 to 30-November - 2013
Page No. 2
4.
5.
6.
Complaint
against
Accountant who has
accounts of the society.
7.
8.
2.
3.
Chartered
audited the
In a random survey of 1397 buildings in suburbs by fire brigade officials it was found that 1216
buildings had violated safety norms. Inspite of being warned only 70 buildings filed compliance
report. Similarly of the 2346 buildings inspected in island city 605 buildings were issued notices
and only 4 buildings complied with the directions of the fire brigade officials.
As per one survey Mumbais unsold stock is 150.63 million sq. feet. In the second quarter of
2013-14 10.77 million sq. feet was offered for sale. Of the stock only 7.85 million was sold for a
price of Rs. 8, 346 crores. If projections are to be believed it will take 58 months to clear the
unsold stock. I leave it for my readers to guess the additional construction that will be put up in
the said period.
After the war, Hanuman submitted his Travel Allowance Bill for his official tour for collecting
Sanjeevani Booti to Ayodhya administration.
The Auditor in Bill section raised 3 objections:
(1) Hanuman did not take prior permission of the appropriate authority (Bharat), the King of
Ayodhya, during the relevant time for his travel. (2) Hanuman being Grade-D officer was not
entitled to air travel. (3) Hanuman was asked to bring Sanjeevani Booti, just a single plant, but he
carried a whole mountain (unauthorized excess baggage).
The Auditor returned the bill. King Rama could do nothing except mark it down for reexamination.
A worried Laxman approached the Auditor and offered a bribe of 10% of the T.A. Bill amount.
The Auditor now wrote on the Bill:
Re-examined. 1. Even during the relevant time, Rama was the de-jure king through his Paduka.
2. Further in an emergency, non-entitled officers can be authorized ex-post facto to fly. 3. Also
excess baggage is justified as bringing a wrong plant would have entailed multiple journeys with
extra cost; hence bill may be paid.
Moral: Boss is the king...He will do anything & go beyond bounds if the employee is his favourite.
16 to 30-November - 2013
Page No. 3
DeputyChiefMinister@maharashtra.gov.in
Follow up on Lokshahi Din
Mumbai Suburbs
Tel.: 2651 47 42 Fax: 2655 68 05
Email : collrmsd@yahoo.com
www.mumbaipolice.org
You should check the date and time when
DCP visits your area and do follow up of the
complaint with DCP
Commissioner for Co-operation &
Registration of Co-operative Societies:
9520-26122500 / 9520-26122739
Email : commcoop@rediffmail.com
2.
3.
4.
5.
(E) RIGHT
TO INFORMATION
16 to 30-November - 2013
Page No. 4
FORM I
[See sub-rule (1) of Rule 3]
1
Name of Complainant
(with Membership number if Member of Institute of Chartered
Accountants of India)
Name of member / firm against whom complaint is being made:
With membership number/ registration number of the firm, if known)
Last address of the complainant for communication
Last available professional address of the member or firm against
whom the complaint is made
Particulars of allegation serially numbered together with corresponding
clause / part of the relevant schedule(s)
or
Particulars of allegation(s) serially numbered together with clause/ part
of relevant schedule(s) under which alleged acts of commissions or
omissions or both would fall
Particulars of evidence (s)adduced in support of the allegation(s) made
2
3
4
5
Date:
Place: Mumbai
Signature of Complainant
VERIFICATION
I ___________________, the complainant, do hereby declare to that what is stated above is
true to the best of my information and belief.
Verified today the ____ day of __________ at Mumbai
Date
Place
Signature of Complainant
Mumbai Municipal Corporation is strict as regards recovery of property tax from co-operative
societies however when it comes to recovery of property tax as well as water charges from
railways double standars are employed. I am told property tax and water charges are not
recovered since more than 15 years.
Co-operative societies are advised that they should pay the non agricultural tax before the
stipulated date. Failure to do so can invite penalty 40 times than the tax amount.
16 to 30-November - 2013
Page No. 5
2.
PURCHASE OF PROPERTY
FREEHOLD
ADVANTAGES
Peace of mind
No recurring expenses
No difficulties at the
time of redevelopment
LEASEHOLD
DISADVANTAGE
Costly
ADVANTAGES
Cheaper
DISADVANTAGE
Yearly lease rent to be paid
Check the lease period. After lease
period property may not be renewed
Possibility of litigation eg. Bombay port
trust property lease renewed only for
five years at exorbitant rates.
Problems may arise at the time of
redevelopment.
Take search
Issue Public Notice
Read original agreement drafted by the builder & see all agreements are duly registered.
Have a clause in the agreement that if the seller terminates the agreement or does not give
possession on the due date then he will pay double the amount that has been collected by
him till date.
Take irrevocable power of attorney from seller.
Insist for clear and marketable title certificate from the advocate of the Vendor.
See that the earlier chain of agreement is duly stamped and registered.
Insist for no objection certificate from the society.
Have the area physically measured. Also see that the carpet area tallies with the society
record as well as with the records of the Bombay Municipal Corporation. There are
instances were builders have fooled flat purchasers by selling open passages. The area as
reflected in municipal records is the correct records.
Have clear cut idea of hidden expenses like transfer fees, brokerage etc.
Be specific and ask hard hitting questions. Eg. What all furniture items will be kept.
Prepare an inventory of the same.
Have separate agreement for furniture item. This will help you in saving stamp duty which
is 3% on moveable property and 5% on immovable property.
See that the Seller has paid all his income tax dues.
Inquire if there are any notices received pertaining to the flat. Take an affidavit from the
seller. In case of dispute this can help you to initiate criminal action against the seller.
Documents should be signed before a notary and the notarial number must be mentioned
in the document otherwise it becomes a defective affidavit.
Inquire about incidental benefits eg. Car parking spaces that would be allotted by society,
club facilities.
Before paying token amount get the draft of all the papers approved from the seller.
Ensure that the Seller is holding the flat not as a trustee.
Find out the market value of the property as well as the impact of capital gains tax on the
seller. At times deals get cancelled if the seller has to pay high amount of tax.
Check the status of the property after verifying the property card.
Ensure that the entire chain of documents are mentioned in the agreements.
In the event the flat is acquired by the transferor on account of demise of his family
members insist for probate/letter of administration. In the alternative insist on the consent
of all the legal heirs preferably as confirming parties.
You have to ensure that proper precautions are taken else you can face problems when
you offer the flat as a collateral or at the time of transfer of flat.
Take a token bank loan.It will give peace of mind.
Check if the occupation certificate/ building completion certificate is received.
Deal with reputed persons be it broker or vendor.
Your flat is priceless do not compromise by telling illeterate persons to prepare transfer
documents.
Amendments have been made in the Maharashtra Co-operative Societies Act 1960
on 13/08/2013.
However section 41 of the MCS Act which talks about exemption of shares of a chs from
registration has not been incorporated in the amendments.
The bye laws stipulates collection of higher amount for obtaining certified true copy. Can
the bye laws superceed MCS Rules?
Legally speaking bye laws do not have the force of law this is upheld by Supreme Court of
India.
16 to 30-November - 2013
Page No. 6
3.
The only qualification as on date to be a builder is to have a sweet tongue and a smiling face.
Your notice to builder should state that the builder should submit the documents whichever
are in his possession to the society. This will help in putting pressure on the builder.
STAGE 1: BEFORE BUYING A PLOT / PROPERTY 1.1 MOU through which you acquired the property.
1.2 Title Search papers. Checking 7/12 utara and details of CTS plan. Copies of stamp duty payment /
Registration. Index 2 of all the purchasers Mutation Reprt. DP remarks. KJP (Kami JastaPatra) / CTS / Survey
Nos. Verification of Property Card. 1.3 Public Notice in Newspapers before purchase of property 1.4 ROC
registration check 1.5 Check done with regards to Litigation as regards the said property 1.6 Copy of
agreement with the Vendor.
Certificate (BCC)
16 to 30-November - 2013
Page No. 7
BUILDING AND OTHER CONSTRUCTION (BOC) WORKERS ACT 1996, CONTRACT LABOUR
(REGULATION AND ABOLITION) ACT (CLA). 1970, MAHARASHTRA CONTRACT LABOUR (R &
A) RULE, 1971
9.1 Registration of Principal Employer owning the site (as per CLA) 9.2 Registration of contractors under
contract Labour Regulation Act (as per CLA) 9.3 Registration of Labour working at site by payment of Rs 25
towards enrolment and Rs 60/- towards Annual subscription. Total Rs 85/- per labour (BY THE
CONTRACTOR) (as per BOC) 9.4 Maintenance of Records together with the safety provisions as follows:- (as
per BOC) 1) Every worker must wear and carry Gumboots. Helmets, safety belts and hand gloves 2) Muster
cum wages register 3) Minimum wages 4) Labour camp / Accomodation 5) Drinking water facility. It should
be atleast 100 mtr away from Urinals 6) Latrines and Urinals separate for Male / Female 7) Creches 8)
Provision of First Aid 9) Medical check up at regular intervals by Govt medical officer 10) Canteens (250
workers) 11) Safety Officer 12) Identity Card for each 13) Fixing hours of work 14) Fire protection 15)
Emergency action plans 16) Health and safety policy 17) Eye protective 18) Dust, Gases, Furness etc 19)
Provision of Nets across the site 20) Appropriate, preferably metal scaffoldings
WHY YOU SHOULD TAKE A HOUSING LOAN FROM INCOME TAX POINT OF VIEW..
Section
Page No. 8
4.
It is suggested that if one has to move against the builder for audited statement of accounts,
copies of building plan, conveyance, transfer of property card, obtaining amenities from builder like
temple, health club, swimming pool etc. then one should ensure that prayers are appropriately
drafted. After the enactment of the Housing Regulatory Act it will be difficult to approach the
consumer courts. This is the right time to file case against the builder for conveyance related
matters. Prayers should income ad interim prayers. Ask information which will be difficult for
builders to share and will increase his work. Eg. Details of all flats sold to investors, Copies of
Statutory registers, Call upon the builder to rectify the agreement as per model agreement
incorporating the statutory clauses of Form V namely clause nos. 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13 &
22. Also call upon the builder to execute the agreement at his cost and register the same
incorporating the Owners as Confirming Party. (please read explanatory notes 1 & 2 of the model
agreement Form V which is part and parcel of Maharashtra Ownership Flats Act). This will help in
putting pressure on the builder. Highlight instances were huge amounts have been awarded as
compensation by courts. Also highlight per day penalty in consumer court cases like Natalia CHS
Ltd. and Evergreen CHS Ltd. You may also include the negligence of builders in obtaining building
completion certificate which is evident as under. Your notice should have inputs as regards
provisions of MOF Act, Development Control Rule for Greater Mumbai, Indian Penal Code.
NO. OF
PROPOSAL
RECEIVED
2143
1937
1766
1720
1602
1398
860
1418
1526
14370
NO. OF
IOD
ISSUED
1469
1355
1289
1195
1100
990
409
1062
972
9841
NO. OF
CC
ISSUED
1871
1948
1829
1731
771
1528
789
1444
1402
13313
NO. OF
OC
ISSUED
951
911
967
887
831
590
270
545
936
6888
NO. OF
BCC
ISSUED
202
168
168
143
120
133
44
72
96
1146
% OF
IOD
RECD
68.50
69.95
72.99
69.47
68.66
70.81
47.55
74.89
63.69
68.48
% OF CC
ISSUED
87.30
100.56
103.56
100.64
48.12
109.29
91.74
101.83
91.87
92.64
% OF
% OF BCC
OC
ISSUED
ISSUED
44.38
9.43
47.03
8.67
54.57
9.51
51.57
8.31
51.87
7.49
42.20
9.51
31.39
5.11
38.43
5.07
61.33
6.29
47.93
7.97
SHAME ON BMC FOR NOT TAKING ACTION AGAINST BUILDERS JUST 8% BCC ISSUED.
The Complainant, therefore, prays:(a)
To hold and declare the Opposite Parties are guilty of deficiency in service and unfair trade
practice as per the provisions of the Consumer Protection Act, 1986.
(b)
To direct the Opposite Paries not to create third Party rights in the Property mentioned in
the schedule of property i.e. ALL THAT PIECE AND PARCEL OF PROPERTY SITUATED
AT.
(c)
To direct the Opposite Parties to obtain and give Occupation Certificate to the Complainant.
(d)
To direct the Opposite Parties to submit details of the steps taken by the Opposite Parties to
obtain the Occupation Certificate from the BMC Authorities.
(e)
To direct that the benefits of the extra FSI, TDR set back available on the plot of land would,
exclusively belong to the Complainant/s
(f)
To direct the Opposite Parties to pay the increase of stamp duty amount on account of
increase in the market value of the property for not entering the registration of individual
agreements as well as payment of proper stamp duty as per the provisions of Sec. 34 of the
Bombay stamp Act, 1958, as well as increase in registration fee on account of non-execution
of conveyance within four months from the date of formation of the Society.
(g)
To direct the Opposite Parties to submit Building Completion Certificate from the BMC
Authorities.
(h)
To direct the Opposite Parties to transfer the property card in the name of the Complainant
Society particularly comply with the formality of transferring the property card in the name
of the Complainant society.
(i)
To direct the Opposite Parties to execute the Conveyance Deed in favour of the
Complainant/s at their own cost within a time bound schedule of two months.
(j)
The Delay in filling the application before this Honble Forum if any be condoned.
(k)
To direct the Opposite Parties to give the details of the Flats that have been transferred by
the Opposite Parties during their tenure and refund the amounts collected by the developer
at the time of transfer of Flats done by the Opposite Parties as well as the details of the
various amounts collected by the Opposite Parties from the flat purchasers prior to
formation of Society as well as the details of all the expenses incurred by them above Rs.
500/- in cash and cheque from the date they started the affairs of the management of the
building constructed by them as well as the basis as to how they have arrived at the
working of the ad hoc amount to be collected by them.
(l)
To direct the Opposite Parties to submit original documents of title to the property,
including.
16 to 30-November - 2013
Page No. 9
I.
II.
(n)
(o)
(p)
Pending the hearing and final disposal of the complaint, the Opposite Party No. 1 be
directed to give to the Complainant copies of all the statutory registers as per Form-I, FormII, Form-III and Form-IV of Maharashtra Ownership Flats Act 1963 read with Rule-10, subRule-2. With details of the letter of allotment issued by the Opposite Party No. 1 to all the
flat purchasers and the amounts taken at the time of transfer of flat by the Opposite Party
No. 1 from all the purchasers/sellers of the said flats.
Pending the hearing and final disposal of the complaint, the Opposite Party No. 1 be
directed to give inspection as well as certified true copy of all the expenses incurred by the
Opposite Party No. 1 during their tenure for which they have collected and spent money for
and on behalf of the Flat purchasers and the basis as to how they have collected the
amounts from the flat purchasers with the date from which they have commenced the
collection of the amounts as well as the details of the amounts waived of by them from the
flat purchasers if any. The Opposite Party No. 1 is also called upon to give the basis as to
how they decided to collect the ad hoc amounts from the flat purchasers.
Pending the hearing and final disposal of the complaint, the Opposite Party No. 1 be
directed to give statements of various amounts collected by them at the time of transfer of
Flat from the Flat purchasers along with the list of persons in whose name the Flats have
been transferred with the date on which the transfer has taken place, amount collected by
the Opposite Party No. 1 for the same as well as the details of the expenses incurred by
them above Rs. 500/- in cash as well as by cheque from the date they started the affairs of
the management of the building ______ constructed by them for which the Opposite Parties
have to execute the conveyance of the property in favor of the Complainant No. 1.
Ad interim reliefs in terms of prayer clauses l, m & n.
IS THIS FAIR?
IN COLONIES LIKE GARODIA NAGAR THE FSI THAT HAS BEEN USED IS 1.33. IF THE SOCIETY
WANTS TO GO FOR REDEVELOPMENT BMC IS TELLING THE DEVELOPER THAT AS THE
BUILDING HAS BEEN DEMOLISHED ONLY CREDIT FOR 1 FSI WILL BE GIVEN FOR UTILISING
THE REMAINING FSI (I.E..33) PREMIUM WILL HAVE TO BE PAID.
16 to 30-November - 2013
Page No. 10
RECOVERY OF DUES
SOCIETY FORMATION
DOCUMENTATION LIKE
TRANSFER OF FLAT
PROPERTY CARD IN
SOCIETIES NAME
LIASONING &
DOCUMENTATION OF CIDCO,
MIDC
MHADA TRANSFER
RETAINERSHIP FOR
BUILDERS / ESTATE
AGENTS / CHS
SERVICE TAX
DOCUMENTATION
REDEVELOPMENT OF
BUILDING
STATUTORY REGISTERS
MINUTE WRITING OF MC /
GENERAL BODY
CONVEYANCE IN FAVOUR
OF SOCIETY
LIASONING AT
MANTRALAYA, CHARITY
COMMISSIONER OFFICE,
MHADA, SRA, BMC
VAT
DRAFTING WORK LIKE
PARTNERSHIP
AGREEMENT
STAMP DUTY
ADJUDICATION
Contact:
Documentation will normally not take more than three hours provided all the
necessary information is made available to us. Once assignment is taken and
Professional Fees are paid our representatives may be available in different areas of
Mumbai City.
The time taken normally by me (after receipt of all the information) for drafting
different types of documents is as under.
Transfer Set
(Two Hours)
Registration of Agreement
(One Hour)
Transmission Set
(Two Hours)
Notice for Initiating action
(One Hour)
against Builder in Consumer
Court
Recovery Application
(Two Hours)
Leave & License Agreement
(One Hour)
Membership Appeal
(Two Hours)
Will
(One Hour)
Advertisement.
Page No. 11
Jr. Advocates,
Office Staff
PageMaker Operators,
Translators,
as well as for College Students who wish to pursue Law as their carrier and are interested in
matters connected with Co-operative Societies, Conveyance, Registration and Stamp Duty.
For Details Contact
MITHIL VINOD SAMPAT (LAW STUDENT) 3240 21 55.
1.
2.
3.
Reasonable care has been taken about the correctness of the information. If there
are any errors of any nature whatsoever, then myself as well as the persons directly
and / or indirectly associated with the circular in any matters whatsoever, are not
responsible for the same.
If you find the circular informative, please discuss / distribute the same with / to your
members, well wishers. May I also request you to make xerox copies of this circular
and give the same to your managing committee members / Active members.
We can provide property related updates to press persons on a regular basis to
newspapers, persons desirous of the same. Press persons are requested to send
their email id, names and mobile numbers.
WE WELCOME CONSTRUCTIVE SUGGESTIONS. hsg.soc.sampat@gmail.com
PRACTICAL
SUGGESTIONS
CHS
TOMORROWS NEWS
TODAY?
WRITING
OFF
OF
OUTSTANDING DUES
FOUND
IRRECOVERABLE
HOW
BUILDERS
GRAB YOUR OPEN
SPACE I.E. RG AREA.
SERVICE
TAX
ON
CHS
WHAT THINGS ARE
NOT INFORMED TO
FLAT
PURCHASERS
BY BUILDERS
INCOME
TAX
BENEFITS
FOR
SENIOR CITIZENS
FOR
To,
The Hon. Secretary / Chairman,
16 to 30-November - 2013
Page No. 12