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Society Conveyance

(Querist) 13 July 2009 This query is : Resolved 
Sir/madam,

I am Law graduate.I am interested to do a work in the field of sociey conveyance. Therefore I am requesting you to please tell me the complete procedure for society conveyance as far as mumbai's co-operative societies are concern. I mean where to apply, how to apply, whoom to apply etc.
sanjeev murthy desai (Expert) 13 July 2009

FORMATION / REGISTRATION OF A SOCIETY

Minimum 7 or more persons, eligible to enter into a contract can form society for various bona fide purposes. Under the Jammu and Kashmir Act, and Telengana Area Act, only 5 persons can form a society.

ELIGIBILITY

Besides individual, following persons are eligible to form a society by subscribing to the memorandum of a society:
• Foreigners
• Partnership firm
• Limited company
• Registered society
• Minors not eligible

REGISTRATION OF SOCIETY

Place of registration
The registration of a society is to be done under the act wherever obtaining and not in the state where the benefit is claimed.

Once the persons proposing to form a society have decided upon the name of the society and have prepared a draft of the memorandum and rules and regulations the society the following procedures would have to be adopted for getting the society registered:

Signing of Memorandum of Association

All subscribers (minimum 7) should sign each page of the memorandum and the signature should be witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant, Magistrate First Class with their rubber/official stamp and complete address.

Documents required to be filed with the registrar of the society
• Covering letter requesting for registration stating in the body of letter various documents annexed to it.
• Memorandum of Association in duplicate along with a certified copy.
• Rules and regulations
• Where there is a reference to any particular existing places of worship like temple, masjid, gurdwara etc. sufficient documentary proof establishing legal competents and control of applicant society over such places should be filed.
• Affidavit of non-judicial stamp paper of appropriate value by President or Secretary of the office.
• Documentary proof house tax receipt, rent receipt in respect premises shown as registered office of a society or ?No Objection Certificate? from the owner of the society.
Adv. Lalit K. Jhunjhunwala (Expert) 13 July 2009
Dear Ms. Sugandha

If i am not mistaken you want to know about the Conveyance for the Housing Societies? Please let em know so that I can solve your query with regards to the same.
Sugandh (Querist) 14 July 2009
Dear Lalit Sir,

Yes sir, I am interested to know conveyance of Housing societies which are located in Mumbai and its suburbs.Basically conveyance in two situations 1)when builder ready for conveyance 2) when builder not ready for conveyance (Deemed Conveyance). Therefore I am requesting you to tell me in detail procedure for the same.

Thanking you,

Regrds,

Adv. Sugandh.
Sugandh (Querist) 14 July 2009
Dear Sanjeev sir,

Sir, thank you for your valuable reply. I am interested to work in the field of housing society conveyance for societies located in mumbai and its suburbs. Hence I am requesting you to tell me the procedure for the same.

Once agian thanking you for your reply.

Regrds,

Adv. Sugandh
BHANU RASPUTRA (Expert) 14 July 2009
see Maharashtra ownership flat act. under that it is provided about deemed conveyance, if builder is not coming forward.

IF BUILDERS AGREE THEN TO PREPARE DRAFT CONVEYANCE AND TO SEND TO BUILDER FOR APPROVAL.


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