Regarding forming a cooperative hosing societey
NAMDEO CHAUDHARI
(Querist) 05 January 2014
This query is : Resolved
Dear sir, I purchased a flat in sadhana residency which residency consistsBUILDING A-8 FLATS & BUILDING B-8 FLATs. The builder declared APPARTMENT UNDER THE MAHARASHTRA APPARMENT ACT. WHICH WAS NOT KNOWN BY THE PURCHASERS WHEN THEY PURCHSED THE FLAT. Actualy he assured to us to form a cooperative housing society.But now due to some problems we call the builder for discussion.At that time he told us regarding his declaration. We oppose him but he told us that it is mentioned in our purchase deed.and we are not permitted to form a cooperative housing society.
so my question is--
1.whether we can establish cooperative housing society?
2.whether this apparment declaration is valid?
3.Some persons told us that though there is a declaration is made then also we can form cooperative housing society.Beceause builders declaration is illegal.As per the new provisions if a building consists minimum 8 flats then cooperative housing society formation is possible.The builders declaration is for 16 flats.
whether it is true.
Pls. guide us beceause we are in process of forming a cooperative housing society.
Thanks.
Regards.
N.B.CHAUDHARI.
ajay sethi
(Expert) 05 January 2014
please persuse agreement signed with builder . generally it is at discretion of the builder . if you are opposing builder decision for registration under maharashtra apartment act be ready for long legal battle . builder has deep pockets and can afford litigation .
Hemant Agarwal
(Expert) 05 January 2014
1. A minimum of 60% flat-owners in a residential building/s can form and register a Cooperative Society, without the builders cooperation.
2. Irrespective of the Builders agreement, the flat-owners, can put the proposal (due documentations) before the coop. registering authority, who shall issue the society registration certificate, in the mandatory period of 60 days, under the MCS Act.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Rajendra K Goyal
(Expert) 05 January 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Regarding-forming-a-cooperative-hosing-societey-445571.asp#.UslkobSLq_I
Vidhi Joshi
(Expert) 06 January 2014
Agree with experts.
ajay sethi
(Expert) 06 January 2014
did not realise it was repeated query
