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Co operative housing society formation

(Querist) 27 September 2014 This query is : Resolved 
Dear Experts,

Is it true that if a single flat holder out of many flats goes for deed of apartment, Cooperative Housing Society can not be formed even if majority of flat holders are in favor of Cooperative Housing Society. ?
Isaac Gabriel (Expert) 27 September 2014
The rquisite minimum number of members can opt to form the Housing coop.Scociety by submitting an application to the jurisdictional Deputy Registrar irrespective of the fact whether some of the allottes opt out of it.
Dr J C Vashista (Expert) 28 September 2014
@Amit,
1. What do you mean by by the term "Deed of Apartment"?
2. Is it applicable in CHS?
3. What do want to know from the query inter alia "...a single flat holder out of many flats goes for deed of apartment..."
"....Cooperative Housing Society cannot be formed...."
Vague query.
Rajendra K Goyal (Expert) 28 September 2014
Facts not clear, consult deputy registrar of co-op. societies office.
ajay sethi (Expert) 28 September 2014
in your case one of flat owners has opted to enter into agreement with builder for registering apartment .In case of a Condominium the title of each apartment rests with the apartment owner, who also has a proportionate undivided interest in land on which the building stands and in the common areas and facilities of the building.

in such a case registrar would not form cooperative society
T. Kalaiselvan, Advocate (Expert) 03 October 2014
Your query has been properly addressed and answered by expert Mr. Ajay Sethi, I endorse his views.


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