Maharastra Ownership of Flats Act

Querist : Anonymous (Querist) 19 November 2010 This query is : Resolved
Building of industrial galas constructed in 1969 by grandfather
Portions given out on rent.
Rented portions sold to occupiers as agreement for sale.
Agreement had specific clause that Society to be formed upon sale of all galas.
I gala remained on rent to date.
Said gala Occupier was also owner of 3 other galas in same building
(converted from rental to ownership vide agreement for sale)
Said rental gala occupier enjoyed gala at very low rent
& did not purchase gala from my grandfather.
No society formed nor conveyance effected
Grandfather expired in 2000
Gala occupier now filed private complaint in
metropolitan magistrate court for my prosecution Under M/s 10, 11 & 13 of MOFA.

Question is
Whether clause of agreement holds against requirement of society formation under MOFA
What should be my line of defense.

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Raj Kumar Makkad (Expert) 23 January 2012
You should plead that the necessary ingredeince for establishing the offence are not present in the current case in hand.

V R SHROFF (Expert) 23 January 2012
Co-op Society NOT REGISTERED:

The Purchasers have to pay Stamp Duty and Register the Agr for Gala. & inf builder , contribute their share to form co-o soc.
u did not disclose r there more than 10 gala??
r u adv?
Agr between Prt firm/ pvt co, or individual Prop Firm & buyer?
do it exceed 60% regd? or more?

MOF is criminal with 3 yrs. So defend well.

Querist : Anonymous (Querist) 23 January 2012
Thanks for replies

The said property has more than 10 galas.

------------------------
Agreement was between

Sellers
1 brothers in their individual capacities
( seller are not partners )

buyers were firms
-------------------------

Number of purchasers who want society is less than 60 %
( in fact they had applied for society to registrar but lost at govt of maharashtra level as they did not have suffiecient members - less than 60 % )

V R SHROFF (Expert) 23 January 2012
u have water tight defense, Not to worry.
Try Discharge.

Querist : Anonymous (Querist) 23 January 2012
Noted with thanks to Mr Shroff
Would appreciate any further clarifying comments why you feel so

V R SHROFF (Expert) 23 January 2012
On examining facts, combined c exp of Legal Practice.

Querist : Anonymous (Querist) 23 January 2012
Noted with thanks to Mr Shroff

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