Whether tenant ownership societies are exempted under compulsory registration under registration act
shrikant shelke
(Querist) 08 November 2015
This query is : Resolved
Respected Sir,
My society by name shri gajanan co-op housing society is formed in the year 1978 under maharashtra co-op society act 1960 & registered as tenant ownership society. My query is that while transferring the plots in the said society, the concerned local authorities viz nazul/revenue department asked for registered document of transfer.
Sir whether it is necessary to register such type of transfer under indian registration act 1908 if yes then there is exemption in stamp duty. That as per my information it is not necessary but they insist me. More particularly i am the founder member of the said society & due to lack of knowledge i couldn't mutated the same as earlier.
So please guide me on above issue under law & specify government resolution if any.
Regads
S.P. Shelke
Shegaon (Maharashtra)
Anupam Lahiri
(Expert) 10 November 2015
The query is not very much clear. The society is a Tenant Ownership Society. So, as per the Maharashtra Cooperative Society Rules, 1961 it is a society where the land is held by the society in its own name- either on lease or on free hold basis.
How which transfer of land is in question? Kindly tell the problem from this stage.
shrikant shelke
(Querist) 10 November 2015
Sir firstly thanks to look into the matter.
Sir ,my father is founder VP of the said society. In all total 18 members form the said society . They purchased 60R land in 1980 by registered sale deed through their promoter and thereafter converted land for residential use and total 9 plots were sanctioned by the authority. That one plot was alloted between two members of the society.
Now the issue is that nobody mutated their names in govt record viz nazul, talathi etc .The all members builted their houses and also paid respective local taxes of municipal taxes. That today when I go to the office of nazul dept they refused to take mutation on basis of resolution of society and allotment letter and suggest me to bring registered documents of allotment. So when I visited asst registrar of documents they told me that I have to pay 5% stmp duty +1% registration charge.
So plz suggest me whether the directions given by the offices is legal ? Is there any exemption from paying stamp duty ? as my father is founder member of the said society and they already paid stamp duty collectively while purchasing land for society.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 11 November 2015
Direction given to register document n approach is legally/procedurally correct
Anupam Lahiri
(Expert) 11 November 2015
Dear Patil Ji,
What is the appropriate law in this regard, Bombay Land Revenue Code?
Here mutation is provided in Section 135 D. The mutation is done my Nazul. There is no question of paying any registration fee in the matter.
Anupam Lahiri
(Expert) 11 November 2015
Dear Kale Ji,
Still one point is not clear. Here individual members purchased land from different owners. How the lands in question got transferred to the Society?
I think that formality has not been complied with. Again, it is also possible that the classification of your society itself was faulty.
Dr J C Vashista
(Expert) 12 November 2015
From the word "tenant" means the authority has given land on "lease" whereas you have purchased on "sale deed". Once sale deed is executed title of the land is transferred in the name of vendee (purchaser) and it is exclusive proof for mutation in the name of purchaser.
How the land got converted from agriculture to residential?
There are many other relevant questions involved in your query. It would be better to consult a local lawyer practicing in cooperative societies matters.
Anupam Lahiri
(Expert) 12 November 2015
Dear Vashista Sir,
The word "tenant" is not to be construed in that sense. Under Maharastra Cooperative Society Rule, 1961 the housing coop societies are divided into two categories- Tenant Ownership Housing Society and Tenant Co-ownership Housing Society.
In case of Tenant Ownership Society, the ownership of land is with the society and the building on it is owned by members.
In this case, some legal problems are there-may be in the matter of correct classification of the society in view of the facts of the case.
shrikant shelke
(Querist) 12 November 2015
thanks mr Vashishta,mr patil & mr Lahiri to participate to ans my query.
mr Lahiri u r last reply is useful for me and i want to clarify some points for u that the society is sub-categarised as Tenent Ownership Society.Next point is that society through their promoter purchase land by registered sale deed and converted land for residential use under NAP-34 from the SDO and total 9 plots are sanctioned in said layout which thereafter allotted between 18 members of society i.e 1:2
sir my father is founder vice president of the society and society allotted plot no 3 along with one another member.Now the question is that my father has not mutated said plot in his name since his allottment due lack of knowledge.Now today when i along with all requisite documents had been to the office of Nazul dept on behalf of my father, they refused to take mutation on basis of resolution and allotment letter as they are unregistered documents u/s 17 of Registration Act.When i had been to the Registrsr's office he asked me to pay 5 +1 % stamp duty for registration.
sir, are the directions are correct for the said society ?. Is there any exemption in Registration or in stamp duty for such old society & their old founder members ?
sir it is to be noted here that in my town there are 3 more such type of societies and rules above stated by the authorities were not followed till last year and they take mutations on society's documents.
so i am very much confused by above directions of the authorities plz help me to resolve this problem.
Regards
SP Shelke
Anupam Lahiri
(Expert) 13 November 2015
First of all, in Tenant Ownership Society, the land has to be in the name of the society. The individual member is only an allottee. There would be no mutation in the name of the members.
You can do one thing. If your society has not done mutation, you can apply for mutation on the basis of the purchase deed. But one thing has to be ensured, whether the land was purchased in the name of the society.
shrikant shelke
(Querist) 16 November 2015
Thanks to all & special thanks to mr Lahiri
I am much more satisfied from your opinion.
shrikant shelke
(Querist) 18 November 2015
Mr Lahiri sir thanks for guiding me but question remains that why Nazul dept & asst. Registrar Documents why not authorized Reg. sale deed of society to effect mutation as member.
