Society Formation

As per Maharashtra State Cooperative Society Act, 1960 it is the duty of the Builder/Developer to form society & hand over the Account & Documents to Provisional Working Committee (PWC).

Society Formation deals in two ways, with the consent of the Builder & without the consent of the Builder i.e., Flat purchasers can apply for registration of Cooperative Housing Society under Non-cooperation.

SOCIETY FORMATION AND HANDOVER PROCESS BY BUILDER

The Registration process and requirements are governed by the Maharashtra State Co-operative Society Act 1960.

To Register Co-op. Housing Society, Minimum of 10 members are required.

Less than 10 members of Societies are also Registered as per Maharashtra State Govt. Ordinance No. 1094 and 277/14 dated 10/03/1995. But such member’s flats should be less than 700 Sq.ft. Carpet Area

As per M.S. Govt. Notification dated 24/07/1992 conditions for registrations are liberalized.

60 % of the Promoters are must be ready to form a Co-op. Housing Society.

If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.

SOCIETY FORMATION WITHOUT BUILDER (SF-)

When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non-Co-operation. In this case, one of the flat owners should be elected as CP for Registration purposes. In this case, some more time is taken to the registered society as the registrar is issuing notice to the builder for Non-Co-operation. If no response then ex-party decisions are taken for registration of the society. Now all the case of Non-Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered

All flat owners should hold meetings and elect a Promoter. All power for Registrations, documentation, etc. should be given to the promoter. The resolution should be passed and must be signed by all flat owners who wish to become members of the Co-operative Housing Society

Appoint Consultant / Legal Advocate for registration and ask him to comply with all requirements.

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DEEMED CONVEYANCE

Deemed Conveyance is the transfer of right, title & interest of the land/building in the name of the Housing Society.

As per MOFA Act (Maharashtra Ownership Flats Act,1963), Maharashtra Government has given the right to the Competent Authority to sign the ‘Conveyance Deed’ on behalf of Land Owners & Developers.

CONVEYANCE DEED

A conveyance deed is a process to acquire ownership of the land with the consent of the Developer.

Under Section 10 of the Maharashtra Ownership Flats Act, 1963 the Promoters/Developers are required to form a society within 4 months from the date on which a minimum number of persons required to form such organization have taken premises/flats.

SOCIETY FORMATION

As per the Maharashtra State Cooperative Society Act, 1960 it is the duty of the Builder/Developer to form society & hand over the Account & Documents to Provisional Working Committee (PWC).

Society Formation deals in two ways, with the consent of the Builder & without the consent of the Builder e., Flat purchasers can apply for registration of Cooperative Housing Society under Non-cooperation.

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