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Vinni (AM)     15 July 2011

Co-Operative Hsg Society Law

Hi,


We own 2 flats in the building that we stay, while we live in one and the 2nd one I have given for rent to a relative. recently I was told by my society secretary that as per the new law I will have to submit a registered copy of my leave and licence agreement upon failing to do so I will be charged with a penalty.

I have no problems with submitting a copy of the leave & Licence agreement, but my query is "Is it complusory to register the agreement " 

I would really appreciate if people who know the law can answer this query.



Learning

 7 Replies

Bharatkumar (ADVOCATE )     15 July 2011

No, It's not complusory.

Vinni (AM)     15 July 2011

Sir,

My building secretary says that registering the Leave & Licence agreement is a must as per the new change in law and hence one needs to submit a registered copy only.

You say "its not compulosry", Pardon me, but I want to know if there has been any change in this Law recently to this effect, and can i tell him with a sense of authority that there is no such rule.

I just want to be 100% sure.

 

abhishek (--)     15 July 2011

Sir,

my grandfather has building in his and his wife name. 

my grand mother has die few year ago  and the plot is on lease in which lessor are Co-Operative Hsg Society and lessee is my grandfather and grandmother.

he has 1 son and 1 daughter and a daughter in law my mother also but he want to transfer the thing on my name

so what should be done by my grandfather to transfer it to my name directly in the co-operative hsg society as he is still alive but 

Vinni (AM)     18 July 2011

@ Abhishek you should post your question as a new topic then you will get a better response.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 May 2012

I agree with Vinni. Otherwise it is confusing.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 May 2012

WITHOUT BEING  "CONFUSED" :


Mr. Abhishek,  you should ask your Grand-Father to execute a Stamp-Duty paid Registered Gift-Deed in your favour and have the title-ownership of the land transferred in your name in the Revenue records as well as the CHS records (if applicable)


Note:  This is possible only if the Grandfather executes the Gift Deed, during his life time, ELSE all the other legal heirs will have equal rights, which can be determined as per the parameters of the Hindu Succession Act or the Indian Succession Act (as applicable).


Keep Smiling .... Hemant Agarwal

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 May 2012

WITHOUT BEING  "CONFUSED" :

 

 

Mr. Vinni,

 

 

The following documents has to be mandatorily submitted to your Society, in the event if you wish to rent out your Flats / Shops.     (refer bye-laws no. 43(1) & 43(2))

 

1.  Prior permission of the Society vide form-Appendix no. 27

2.  Form-Appendix no. 11, along with cheque of Rs. 100/- as Nominal Membership fees

3.  Photocopy of the Leave & License (L&L, Rent) Agreement.

4.  Police verification Report of your Tenant & Photocopy of his PAN card.

 

Fixed & Mandatory 10% as non-occupancy charges will be levied calculated on all the Society Service & Maintenance Charges (excluding BMC Property Taxes & other Statutory levies), as prescribed under bye-law no. 43(2)(iii)(c).

 

 

Keep Smiling .... Hemant Agarwal


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