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Dilipkumar (Retired)     20 August 2014

Registration of chs

Our building in Mumbai city has 11 no. Flats . Can the flat owners register a co op. Society if only 8 flat owners are in favor of it , remaining 3 want to register it as Apartment scheme and refusing to go along , in society formation ? (  As I understand , min. 10 no. Members are reqd to register it , as per Maharashtra State Co op. Act ) . Out of these 11 flats , 10 are sized more than 700 sq. ft. built up area and 1 is of 350 sq. ft. Is there any legal loophole , ( such as Special permission etc . , to bypass  the reqmt. of min. no. of flats beiing 10 no. ?  Also , if the society is registered with only 8 flatowners signing on the dotted line , will it be lawful ?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 August 2014

A society can be formed but for registration of the same, if the act specifies the number of members to an extent, it is binding, you may not be able to register it but can function as an unregistered body.

Dilipkumar (Retired)     21 August 2014

Thank u , Mr. Selvan.


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