Co-operative housing society
kumar
(Querist) 09 February 2014
This query is : Resolved
Dear Sirs,
I reside in a Co-operative housing society which is about 29 Year old.
The builder of the society had first registered the society (a co-operative housing society) and then constructed a housing scheme of 40 houses. Later on He purchased adjoining land and constructed another housing scheme of 110 houses. The second scheme had its own building permission plan (approved from municipal cop), separate from the first one but registered under the same co-operative housing name as the first one had.( Sound strange ?? ) Likewise the builder had constructed four housing schemes one by one , having separate building permission plans but common registration.
We have now one president and his managing committee for all four schemes (vibhags).
Due to size of the society and other reasons, society is lacking in development and hence, the first scheme residents want to have separate society than rest ones. (Purchasers of first housing scheme were not informed by contractor about his intension of having common registration at the time of booking, in fact at the time of booking of scheme-1 houses, balance three schemes were not existing. Moreover, from registration point of view, all the four schemes have their own building permission plans without any cross references of other schemes.)
Please advice how an existing society can re register by adding Vibhag I and obtain a new registration number.
ajay sethi
(Expert) 09 February 2014
you can make application to registrar under section 17 of MCS act . resolution has to be passed by 2/3rd majority . notice has to be given to all members of society . registration of old society would be cancelled .
Registrar can pass order section 18 of MCS ACt for division of society if it is convinced it in public interest . the order has to be notified in official gazettee
Rajendra K Goyal
(Expert) 09 February 2014
A practically adoptable advise from the expert ajay sethi ji. Agree to it.
Raj Kumar Makkad
(Expert) 10 February 2014
Every vibhag has separate entity so the society for each wing can be got registered separately by passing the resolution by 2/3 majority of the residents of that particular vibhag.
