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Redevelopment Project Management Consultants PMC – Sec 79 A

For Redevelopment PMC call us on +91 98335 45366 orcontact@redevelopmentConsultants.com

 

As per the directive under Section 79(A) of Maharashtra Co-operative Societies Act 1960 to all the Co-operative Housing Societies in the State of Maharashtra.

 

Regarding Redevelopment of Buildings of Co-operative Housing Societies.

 

GOVERNMENT OF MAHARASHTRA

 

No. CHS 2007/CR554/14-C

 

Date: 3rd January 2009

 

Whereas, buildings of Co-operative Housing Societies in the State of Maharashtra are being redeveloped on a large scale. A number of complaints were received from members against managements of Co-operative Societies in which redevelopment is taking place. In respect of most of the Co-operative Housing societies, nature of complaints relating to redevelopment is as under:-

 

1. Not taking the members in confidence in the process of redevelopment.
2. There is no transparency in tender process.
3. Appointing contractors arbitrarily.
4. To work by violating provisions of Co-operative Act, Rules and Bye-Laws.
6. Not planning Redevelopment Project Report.
7. Not adopting proper procedure in finalizing tenders.
8. There is no similarity in agreements with Developers.

 

Whereas there is no concrete policy in respect of all above points of complaint and therefore Co-operation Commissioner and Registrar, Co-operative Societies, Maharashtra State, Pune had appointed a Study Group under the Chairmanship of Joint Registrar, Cooperative Societies (CIDCO) to study the complaints received at various levels and for consultations with all constituents working in the relevant fields. The said Study Group has expressed the opinion that it is essential to frame regulations for redevelopment of buildings of Co-operative Housing Societies after consultation with all the constituents in the field of Co-operative Housing.
Therefore the Government is issuing following directive under Section 79(A) of Maharashtra Co-operative Societies Act, 1960.
The following directive be termed as “Directive for Redevelopment of Building of Co-operative Housing Society”.

 

1. Requisition for convening Special General Body Meeting for Redevelopment of Society’s Building:-

 

Not less that ¼ members of the Society the building of which is to be redeveloped should submit a requisition to Secretary on the Managing Committee elected as per provisions of Bye-Laws and lawfully formed along with their scheme and suggestions for redevelopment of the Society’s building for convening Special General Body Meeting to finalise the policy on redevelopment of the building.

 

2. Convening Special General Body Meeting :-

 

On receipt of an application as per Directive No. 1 above, Managing Committee should take a note thereof within 8 days and Secretary of the society should convene General Body Meeting of all the members of the society, Agenda of the Meeting should be furnished to each members 14 days prior to the day of meeting and acknowledgement thereof should be kept on record of the society. Before convening the said meeting, Society should obtain list of Architects /Redevelopment Project Management Consultants on the panel of Government / Local Authority and obtain quotations from minimum 3 experienced and expert persons for preparing project report for redevelopment work of the building and one expert person from among them will be selected in the Special General Body Meeting.

 

Following business will be transacted in the said Special General Body Meeting:-

 

1. To take preliminary decision by taking into consideration demand of the members for redevelopment of society’s building and suggestions received in respect of the same.

 

2. To select expert and experienced Redevelopment Project Management Consultants on the panel of the Government / Local Authority for work of redevelopment of the building and to finalise items of work to be done by them and terms and conditions of work.

 

3. To submit outline of the programme for redevelopment of the building.

 

3. To accept written suggestions from members relating to redevelopment of the building:-

 

Members of the Society will be entitled to submit in writing to the committee eight days prior to the meeting their realistic scheme, Suggestions and recommendations for redevelopment of the building in the name of experienced and expert Redevelopment Project Management Consultants ( PMC )known to them. However, that Redevelopment Project Management Consultants ( PMC )should submit a letter that he is desirous of doing work of redevelopment.

 

4. Decisions to be taken in the Special General Body Meeting:-

 

Quorum for the Special General Body Meeting convened for redevelopment of building of the Co-operative Housing Society will be ¾ of the total members of the society. If quorum is not formed, meeting will be adjourned for eight days and if there is no quorum for the adjourned meeting, it will be deemed that members are not interested in redevelopment of the building and meeting will be cancelled. On formation of quorum for the meeting, Suggestions, recommendations and objections from all the members with regard to redevelopment of the society’s building will be taken into consideration and opinions expressed by all the members will be recorded in the minutes book with names of concerned members. Therefore a preliminary decision will be taken whether to redevelop society’s building or not. Such decision must be taken with majority vote of more than ¾ of the members. On preliminary resolution about doing the work of redevelopment getting passed, following business will be transacted in the meeting.

 

a) To selected expert and experienced Redevelopment Project Management Consultants ( PMC )from the panel of the Government / Local Authority for work of redevelopment of the building and to finalise items of work to be done by him and terms and conditions for the same.

 

b) To submit an outline of the programme for redevelopment of building.

 

5. Providing minutes of Meeting to all members:-

 

Secretary of the Society should prepare minutes of Special General Body Meeting as above within ten days and a copy thereof should be furnished to all members and acknowledgement therefore be kept on record of the society. Also one copy should be forwarded to the office of the Registrar.

 

6. Issuing Appointment Letter to the Architect / Redevelopment Project Management Consultants:-

 

Secretary of the society will within 15 days of the meeting issue Appointment Letter to the Redevelopment Project Management Consultants ( PMC )selected in Special General Body Meeting and Society will enter into an agreement with Architect /Project Management Consultants incorporating therein terms and conditions approved in Special General Body Meeting

 

7. Work to be done in the initial stage by Architect / Redevelopment Project management Consultants:-

 

a) To survey Society’s building and land.

 

b) To obtain information about conveyance of land to the society.

 

c) To take into consideration prevailing policy of the Government and the regulations applicable from time to time depending on ownership of the land (MHADA/SRA/Municipal Corporation) and to obtain information about FSI and TDR, which would be available in relation to building and land of the society.

 

d) To take into consideration suggestions and recommendations from the members for redevelopment of the building as also the residential area to be made available to the members, commercial area, vacant area, garden, parking, building specifications etc. and to prepare a realistic project report.

 

e) Redevelopment Project Management Consultants ( PMC )should prepare the project report within two months of date of his appointment and to submit the same to committee of the society.

 

8. Action to be taken on receipt of redevelopment Project Report:-

 

a) On receipt of Redevelopment Project Report as above, Secretary of the society will convene a joint meeting to approve the Project Report with majority vote by taking into consideration suggestions received from Committee Members and

 

Architect / Redevelopment Project Management Consultants. Notice in that behalf will be published on the Notice Board of the Society mentioning time venue etc. of the meeting. It should be mentioned in the notice that a copy of the Project Report is available in the society’s office for members to see and the notice should be served on all the members that they should submit their suggestions eight days prior to the next Committee Meeting and acknowledgement of such notice should be kept on record of the Society.

 

b) Seven days prior to joint meeting, suggestions received from the members will be forwarded by Society’s Secretary to the Redevelopment Project Management Consultants ( PMC )for his Information.

 

c) There will be a detailed discussion in the Joint meeting on the suggestions / recommendations from members and opinion thereon of the Redevelopment Project Management Consultants ( PMC )and project report will be approved with necessary changes. Thereafter draft of tender from will be prepared and date of next joint meeting will be fixed for discussion on draft tender form and finalising the same. While preparing draft tender form, in order to get competitive quotations from renowned experts and experienced developers, either carpet area or corpus fund fixed (not to be changed) and by finalising other technical matters, the Redevelopment Project Management Consultants ( PMC )will invite tenders. Society’s members will be entitled to furnish information about it to the reputed and experienced developers known to them.

 

9. Preparing List of Bids Received:-

 

a) On the Last day for receiving quotations, Secretary of the Society will prepare a list of offers received and display the same on the notice board of the society.

 

b) After 15 days of the last day for receiving quotations, Secretary of the society will convene special meeting of Managing Committee of the society. Athorised representatives of bidders and members of the society desirous of remaining present can remain present for the meeting as observers. Tenders so received will be opened in the presence of all and the Redevelopment Project Management Consultants ( PMC )will scrutinize all tenders and prepare a comparative chart and after checking merit, reputation, experience and comparative rate etc. and select minimum 5 bids and if the bids received are less than 5, all the bids for putting up before Special General Meeting and concerned bidders will be informed about it immediately.

 

10. Selection of Developers:-

 

a) Office of the Registrar to appoint Athorised officer for attending General Body

 

Meeting:- An application with list of the members should be sent within eight days to the registrar for appointment of Athorised officer to attend the Special General Meeting of the Society for selecting a Developer out of those selected by committee of the Society with the help of the Consultants, by taking into consideration his experience, merit, financial capacity, technical capacity and competitive rate etc.

 

b) Convening Special General Body Meeting for finalising tender:- After appointment of authorized officer, with his prior permission Secretary of

 

the Society will fix the time and venue convene Special General Body Meeting for appointment of Developer and Agenda of this meeting will be sent to all the members 14 days prior to the meeting by hand delivery and by registered post and keep acknowledgement thereof on record of the Society. Also, office of the Registrar will make arrangement to keep his authorized representative present for the meeting. Also arrangement will be made for video shooting of the meeting at the cost of the Society. Any person other than formal members will not be entitled to attend this meeting. Therefore members will be required to present at the venue of the meeting with their Identity Cards. At the time of submitting redevelopment proposal to the concerned authority for sanctioning, selection of Developer and other work should have been done in the presence of authorized officer from Registrar’s office.

 

c) If there is no quorum for Special General Body Meeting:-

 

If the quorum of ¾ members out of total members is not formed for Special General Body Meeting, the meeting will be adjourned for eight days. If quorum does not get formed for adjourned meeting, it will be deemed that the members have no interest in redevelopment of the building and the meeting will be cancelled and thereafter the said subject will not be taken up before the Special General Body Meeting for approval.

 

d) In the Special General Body Meeting to be convened for selection of Developer, authorized representative from the office of the Registrar will be present and observe proceedings of the meeting. Also, on concerned representatives and authorized officer remaining present at the venue and at the time of meeting and on quorum of ¾ members getting formed, following business will be transacted in the meeting.

 

i) Providing comparative information in respect of tenders selected for presentation (for redevelopment work).

 

ii) Presentation by bidders one by one.

 

iii) To select Developer for redevelopment of the building, to finalise terms and conditions and finalise the tender.

 

iv) To obtain consent from the selected Developer.

 

v) Give information about further work. It will be essential to take written approval by ¾ majority vote of the members present for the meeting for selection of Developer. If the selected Developer of his representative does not remain present for the meeting, further action will be taken by

 

presuming that they have given their consent for the project.

 

11. Agreement to be entered into with Developer:-

 

Subject to the terms and conditions approved by General Body Meeting of the Society, an agreement should be entered into with the Developer within one month under guidance from the Architect / Redevelopment Project Management Consultants. Along with the points suggested by the Redevelopment Project Management Consultants ( PMC )appointed by the Society, following points will also be included in the agreement.

 

(1) The period for completing redevelopment project of the Society will not exceed more than two years and in exceptional cases, it will not exceed

 

three years.

 

(2) Developer will give a Bank Guarantee for amount equal to 20% of the project cost.

 

(3) During the period of redevelopment, the Developer will make available to the members alternative accommodation in the same area as far as possible or arrange to pay monthly rent and deposit as acceptable to members or make available transit camp accommodation.

 

(4) The said agreement will be registered under Registration Act, 1908.

 

(5) On completion of redevelopment project, new members will be admitted in the Society only with approval of General Body Meeting of the Society.

 

(6) Carpet area to be allotted should be clearly mentioned in the agreement.

 

(7) Development right vested in the Developer will be non-transferable.

 

(8) Members will vacate their respective premises only after all legal approvals are received for redevelopment of the building.

 

(9) Rights of those who are in possession of the flats will remain unaffected.

 

(10) If any dispute arises in the work of redevelopment, provision should be made in the agreement to resolve the same as per provisions of Section 91

 

of the Act.

 

(11) After receipt of Occupation Certificate, flats in the redeveloped building should as far as possible be allotted as per present conditions floor-wise and if it becomes necessary to allot flats by drawing lots, on completion of construction, Developer should make arrangement drawing lots, and at that time flats should be allotted in the presence of Registrar’s representative and this process be recorded by video shooting.

 

(12) Any Committee member or Office Bearer of the Society should not be the Developer or relative of the Developer.

 

(13) Building plans sanctioned by the Municipal Corporation / Competent Authority should be put up before the General Body Meeting for information and if any member wants copies of approved documents, he should submit application for the same to the Society and it will be binding on the Committee to furnish the information by charging necessary fee.

 

By order and in the name of the Governor of Maharashtra

 

(Dr. Sudhirkumar Goyal)

 

Principal Secretary

 

(Co-operation and Marketing)

 

Copy to:

 

1) Co-operation Commissioner and Registrar,

 

Co-operative Societies, Maharashtra State, Pune.

 

2) Divisional Joint Registrars, Co-operative Societies (All).

 

3) District Deputy Registrars, Co-operative Societies (All).

 

4) Select File (14-C).

 

Ref.: Z:\000 – 500\2 GOVERNMENT CIRCULARS & COURT JUDGEMENTS 2008\2 GOVT CIRCULARS 2007\142 Directive

 

for Redevelopment of Building of Co-operative Housing Society [English] 03-01-2009 tejas.doc

 

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Deemed Conveyance Notification Mumbai

Deemed Conveyance Notification Mumbai

For Deemed Conveyance legal/lawyer call us on +91 98335 45366 or email contact@redevelopmentconsultants.com

 

Maharashtra Ownership Flats (Regulation of the Promotion of Constriction, Sale, Management and Transfer) Act, 1963.

HOUSING DEPARTMENT Mantralaya, Mumbai 400 032, dated the 27th September 2010.

No.FOB.2008/CR. 170/RR-II. – In exercise of the powers conferred by sub-sections (I) and (2) of section 15 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, the Government of Maharashtra hereby makes the following rules further to amend the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964, the same having been previously published as required by sub­section (I) of the said section 15, as follows :-

1.       These rules may be called the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010.

2.       In rule 2 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and transfer) Rules, 1964 (hereinafter referred to as. “the principal Rules”), -

(a) after clause   (a-i), the following clause shall be inserted, namely:—

“(a-ii) “Apartment Ownership Act” means   the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971);

(a-iii) “Apartment-takers” means a person, who has purchased the apartment in a property, which has been submitted under the provisions of the Apartment Ownership Act, by executing and registering a Declaration as provided by that Act;”;

(b) after clause (b), the following clause shall be added, namely:

“(c) words and expressions used but not defined in these Rules shall have the same meanings as assigned to them in the Act.”.

3.       In rule 9 of the principal Rules, the following paragraph shall be added at the end, namely:

“The promoter shall file with the Competent Authority a copy of the conveyance executed by him under sub-section (1) of section 11 within a period of two months from the date of its execution.”

4.       After rule 10 of the principal Rules, the following rules shall be added, namely :–

“11. Applications under sections 10 and 11.- (I) (a) Every application under the proviso to sub-section (I) of section 10 or sub-section (3) of section 11 may be presented in person by the applicant or by their duly appointed Authorised Representative, to the Competent Authority during its office hours or may be sent to the Competent Authority by registered post.

(b) Where an application is signed and presented by an Authorised Representative, it shall be accompanied by a letter of authority appointing him as such and duly signed by the applicant and accepted by the Authorised Representative.

(c) livery application shall be made in accordance with the provisions of the Act, the rules and notifications and shall be affixed with such court fee stamps, as may be prescribed and pay the necessary enquiry fees.

(2)  Notice of date of hearing. The Competent Authority shall issue necessary notice to all the parties regarding the date fixed for hearing the application and publish or display the date fixed for the hearing thereof on the office notice board sufficiently in advance.

(3) Place of Hearing. All applications filed under the proviso to sub-section (1) of section 10 or sub-section (3) of section 11 shall ordinarily be heard at the respective offices of the Competent Authority.

(4)  Office hours. The office of the Competent Authority shall observe the same office hours as other offices of the Government of Maharashtra observes. It shall remain closed on Sundays and on such other days as may be declared to be holidays for the offices of the State Government.

12.    Form of Applications under sections 10 and 11.- Application under the proviso to sub-section (1) of section 10 shall be in Form VI. Application under sub­section (3) of section 11 shall be in Form VII.

13.       Scrutiny of applications and notice to the parties, etc.

(1). Registration of applications. (a) On receipt of an application, the office of the Competent Authority shall endorse on it the date of its receipt and shall as soon as possible, examine it and satisfy itself that the person presenting it has authority to do so and that it conforms with all the provisions of the Act and the Rules made thereunder.

(b) If the Competent Authority is satisfied that the application is complete in all respect, it shall cause the application to be registered, as admitted, in the appropriate register maintained under these Rules.

(c)  If the application is not complete, the Competent Authority may send notice in the form VIII, to the applicant/s to rectify the defects or comply with such requirements, as it may deem fit to conform with all the provisions of the Act, and these Rules, within a period of fifteen days of the receipt of the said notice. The Competent Authority may, for sufficient cause, may give further extension of not more than fifteen days to comply with the requirements.

If the above defect in an application is rectified, the Competent Authority shall cause it to be admitted and register the application in the appropriate register.

(2) Maintenance of registers and procedure for issuing notice, etc.- The Competent Authority shall maintain the Register of applications received by it in Form IX.

On admitting the application, the Competent Authority shall, within a period of fifteen days thereof, issue a notice in Form X to the opponent/s requiring him/them to file the written statement on the day, date and place as may be specified therein. Such notice shall be served on the opponents by registered post acknowledgment due or under certificate of posting on the last known address.

(3)  Appearance of parties and consequence ofnon appearance, (a) On the date fixed as aforesaid, the opponent shall appear either in person or through his Advocate or his authorized Representative before the Competent Authority and shall file a written statement.

(b) On the date of hearing, if the applicant appears and the opponent or any of the opponents, does not or do not appear, as the case may be, the Competent Authority shall decide the Application ex-parte:

Provided that, before deciding the Application, if the Opponent appears and shows a sufficient cause for his non-appearance on the earlier occasions, he shall be heard in the matter as if he had appeared before the Competent Authority on the first day.

(c) If on the date fixed for hearing or on any other day to which the hearing may be adjourned, the applicant does not appear either in person or by his Authorised Representative, when application is called for hearing, the Competent Authority may dismiss the application.

(d) If, on the date fixed for hearing or any other day to which the hearing may be adjourned, the Opponent/s does/do not appear either in person or through his/ their Authorised Representative, when the Application is called for hearing, the Competent Authority may decide the same on merits after hearing the Applicant or his Authorised Representative, if present.

(4)  Production and inspection of documents, (a) The parties shall file the documents referred to in the pleadings at the time of filing application and written statement, as the case may be. If either party satisfies the Competent Authority that any document is relevant and the same is in the custody of the opposite party, the Competent Authority may, by an order in writing, direct such party to produce such document on the next date of hearing.

(b) If the party so ordered, fails to produce such documents on the next date of hearing, the Competent Authority may draw adverse inference against such party and hearing of the original application shall not be postponed till filing of such documents or for the reasons of such non compliance of the order.

(c) If the Competent Authority is satisfied that the documents required to be produced, cannot be brought before the Competent Authority for sufficient reasons like its volume or otherwise, the Competent Authority may allow the opposite party to take inspection of the documents within seven days from the date of order of such inspection.

(d) If the Competent Authority is satisfied that the opponent had no access to the documents earlier and the filing of additional statement is necessary, it may allow the filing of such additional statement.

(5) Procedure for hearing the application, (a) On receipt of the statement of the opponent, the applicant shall prove contents of the application and also deal with the contention of defenses. The opponent likewise may file reply in support of the defense on the next date, if he so desires. No cross-examination of any of the parties shall be permitted.

(b) On receipt of the replies, the Competent Authority shall proceed to hear oral arguments of the parties and after hearing, shall close the proceedings for the order.

(c) The Competent Authority shall, within reasonable time and in any case not later than six months from the date of receipt of the application, after making such enquiry deemed necessary and after verifying the authenticity of the documents submitted by the parties and after hearing them and giving the parties sufficient opportunities as required under the Act and the principles of natural justice, pass such appropriate order as it deems fit, as provided under the Act.

(6) Signing of order and the notice and the official seal, (a) livery judgment, order and the certificate of the Competent Authority shall be delivered or supplied or provided to all the concerned parties.

(b) The Competent Authority shall have an Official Seal of its own, which shall be kept in the custody of the Competent Authority.

(c) Every judgment, order, certificate and the notice issued under the Act or these Rules shall be signed by the Competent Authority and shall bear the official seal on it.

(d) All the records of the Competent Authority shall be kept in its custody.

(7)        After Form V appended to the principal Rules, the following Forms shall be added, namely:—

FORM VI

(See rule 12)

Form of application under proviso to sub-section (I) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Mah. XLV of 1963) for obtaining direction to the concerned Registrar of Co-operative Societies for registration of society.

Court feeStamp of Rupees 1000/-(Rupees One Thousand only)

Before the Competent Authority at…………………………………….

Application under proviso to sub-section (I) of section 10

of the Maharashtra Ownership Flats

(Regulation of the promotion of construction, sale,

Management and transfer) Act, 1963.

Application No……………….of 20………………….

………………………………………………………………………………….Applicant/s;

Versus

…………………………………………………………………..Promoter/s Opponent/s.

The Applicant/s above-named state as follows :

1;   The Applicant is the Chief Promoter of……………………………………………………….. Co-operative

Housing Society Ltd ( Proposed )  having its address at Plot No……………………….. (address) …………………………………………………………………………………………………………………………………………

(Hereinafter referred to as ” the said proposed Society” for the sake of brevity).

2.    The Chief Promoter has been elected in the meeting of the persons who have taken flat from the Opponent (hereinafter referred to as “the flat purchasers”) held on ………………….and the copy of the resolution is annexed and marked Exhibit No………….

3.    The Applicant states that the building of the Society consists of…………………….. wings/ ………………… building known as………………….

( give the description here)

4.    The Applicant state that the Opponent No………………….and/or their Authorised Representatives has/have entered into Agreement for sale of flats/ shops with the individual purchasers of the flat/ shop and entered into Agreement for Sale of the said flat/shop as required under section 4 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and all Agreements arc duly stamped, as required under the Bombay Stamp Act, 1958 and also duly registered, as required under the Registration Act, 1908.

5.    The Opponent No.l and their Authorised Representatives have agreed to register the Society or Company or Association of flat purchasers, to maintain the building and common areas. The copy of the said Agreement for Sale executed with one of the flat/ shop purchaser                    Mr./ Mrs……………………………………………………………………………………………………………………..with

the Opponent No…………………………is enclosed herewith and marked as Exhibit No.

6.     And a list of flat purchasers with the details of flat number, area, stamp duty paid, registration number, registration fees paid, etc., is given in Exhibit No………………….

7.    The Applicant further states that the flat purchasers in their meeting have elected the Applicant as a Chief Promoter and also have authorised the Applicant to register the Society.

 

8.     The Applicant states that the Opponent No…………………..has failed to submit an application for registration of the organisation of flat purchasers as a co-operative society as required under sub-section (I) of section 10 of the said Act within the time prescribed under rule 8 of the Maharashtra Ownership flats (Regulation of the promotion of construction, sale, management and transfer) Rules, 1964. The Applicant is, therefore, entitled to get the direction / order from this Competent Authority for registration of the Society by the flat purchasers of the said building as per the provisions of the Maharashtra Co-operative Societies Act, 1960, under proviso to sub-section (I) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963.

(Details of the sequence of events and the correspondence may be mentioned by the Applicant here)

9.     The Applicant will rely upon a list of documents, which is annexed hereto.

10.   The Applicant, therefore, pray –

(a) That this Hon’ble Competent Authority be pleased to order the registration of the proposed co-operative society under the proviso to sub-section (I) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963.

(b) For costs of the application to be provided.

(c) For such other relief as this Hon’ble Competent Authority may deem fit.

Sd/-                                                  ,                                Sd/-

Advocate/Authorised Representative                                                  Applicant.

VERIFICATION

 

I, Shri…………………………………………………………………………………………………..being the Applicant/

Chief Promoter of proposed Society and Authorised Representative abovenamed, residing at………………………………………………………………………………..floor……………………do hereby state on solemn affirmation that what is stated in the foregoing Application is true to my own knowledge and I believe the same to be true.

 

Solemnly declared at………………………………

This day…………………of……………….20………………                                              Sd/-

Before me

 

Sd/-                                                                                              Sd/-

Advocate/Authorised Representative                                                             Notary Public.

Note. When an Applicant is a Body Corporate, a copy of the resolution of its Committee or Board of Directors shall accompany the Application.

FORM VII

(See rule 12)

Form of Application under sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer ) Act, 1963 to issue a Certificate for unilateral deemed conveyance or registration of Declaration in favour of the Applicant.

 

Court feeStamp of Rupees 2000/-(Rupees Two Thousand only)

Before the Competent Authority at………………………………….

Application under sub-section (3) of section 11

of the Maharashtra Ownership Flats (Regulation of the

promotion of construction,

sale, management and transfer) Act, 1963.

Application No……………………….of…………..20…………………..

………………………………………………………………….Applicant/s;

Versus

…………………………………………………………………..Promoter/s Opponent/s.

The Application/s abovenamed State as follows :

(1)      The Applicants arc the members of a Co-operative Housing Society formed under section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer ) Act, 1963 duly registered under the Maharashtra Co-operative Societies Act/ the Company/ Association of Apartment-takers   having its registered office at (address)………………………………………………………………………………………………………………………………………………………………………(hereinafter referred to as “the said Society”/”said Company”/ “said

Association of Apartment-lakers”).

(2)        The said Society / the said Company/ the said Association of Apartment-takers is in possession of a Plot of land bearing Survey No……………………….,Hissa No………………………., City Survey No………………………. admeasuring ………………………sq. metres, (hereinafter referred to as “the Suit Premises”)-   Hereto annexed and marked as I exhibit No……………………….is the copy of Registration Certificate of the said Society / the said Company/ the said Association of Apartment-takers.

(3)      The Applicant states that the building of the said Society / the said Company/ the said Association   of Apartment-takers consists of……………………… wings / ………………………building known as……………………….

(give the description here)

(4)       The Applicant states that the Opponent has entered into an Agreement for Sale of flats/ shops with the individual purchasers of the flat/ shop as required by section 4 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and all Agreements arc duly stamped as required under the Bombay Stamp Act, 1958 and also duly registered as required under the Registration Act, 1908. The Opponent has agreed to convey the suit premises with the entire building constructed thereon (hereinafter referred to as “the said Property”) to the said Society / the said Company / the said Association of Apartment-takers within the period agreed upon in the agreement or within a period of four months from the formation of the said Society / the said Company/ the said Association of Apartment-takers, as provided in rule 9 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Rules, 1964. The copy of the said Agreement for Sale executed with one of the flat / shop purchaser Mr. / Mrs…………………………….

……………………………………………………………….. with the Opponent No……………..   is enclosed herewith and marked as Exhibit No…………., and a list of present members with the details of flat number, area, stamp duty paid, registration number, registration fees paid, etc., is given in Exhibit No………………………..

 

(5)      The Opponents have failed to execute a conveyance for conveying the right, title and interest of the promoter in the land and building in favour of the Applicants, which they arc legally entitled to have and enjoy as provided under the said Act and the rules made thereunder. (In case of Association / Condominium to be submitted under Apartment Ownership Act, as per the desire of flat purchasers, the fact should be mentioned and the failure of the promoter in complying with the provisions of the law should be brought out here)

(6)      The Applicant is, therefore, entitled to have a certificate issued by this Competent Authority that the Applicant is entitled to have a unilateral deemed conveyance in respect of the suit premises under section 11 of the said Act.

(7)       Accordingly, this Competent Authority be pleased to issue a certificate of entitlement of unilateral conveyance of land admeasuring …………sq. metres as specifically set out in (the Property Registration Card) the copy of the Agreement dated…………………………..along with building situated at Plot No………………………., bearing Survey No………………………. Hissa No……………………….at………………………gunla, ………………………(Name of the place) ………………… ……………………………….in favour of the Applicant as the same falls within jurisdiction of this Hon’ble Competent Authority.

(8)        The Applicant will rely upon a list of documents, which is annexed hereto.

(9)        The Applicant therefore prays that:

(a) This Hon’blc Competent Authority be pleased to grant a Certificate that the Applicant is entitled to have an unilateral deemed conveyance of Suit Premises under section 11 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and to have it registered.

( b) For costs of the application to be provided.

(c) For such other reliefs as this Hon’ble Competent authority may deem fit.

Sd/-                                                                                     Sd/-

Advocate/Authorised                                                                 Applicant.

Representative for Applicant.

VERIFICATION

I, Shri……………………………………………………………………………………………member of the Applicant

and Authorised Representative abovenamed, residing at ……………………. floor …………………..  ……………………Co-operative I lousing Society Ltd…………………………………………………………..

do hereby state on solemn affirmation that what is stated in the foregoing Application is true to my own knowledge and 1 believe the same to be true.

Solemnly declared at…………………….

This…………………….20……………………..                                                                      (Sd/-)

Before me

Sd/-                                                                                    (Sd/-)

Advocate/Authorised

Representative for Applicants.                                                  Notary Public.

 

FORM VIII

[See rule 13(1) (c)]

Form of Notice to the Applicant to comply with the requirements in the Application filed under proviso to sub-section (I) of section 10 or sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

Before the Competent Authority at…………………………..

Application u/s. 10 or 11 of the Maharashtra Ownership Flats

(Regulations of the Promotion of Construction, Sale,

Management and Transfer) Act, 1963.

Application No………..of 20…………….

…………………………………………………………………. (Applicant/s.)

Versus

…………………………………………………………………..(Promoter/s) (Opponent/s.)

To,

The above named Applicant

1.   You have filed an Application for order under section 10/11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as “the said Act”).

2.   It docs not comply with provisions of the Act, and the Rules and notifications made thereunder in the following respects :

(a).…………………………………………………………………………………………….

(b)…………………………………………………………………………………………….

3. You arc hereby required to remedy the defects within 15 days of the receipt of this notice by you. If you fail to comply with the requirements as mentioned above, within the said period, your Application will be rejected and filed accordingly and no claim or request whatsoever will be entertained thereafter.

Given under my hand and the seal of the Competent Authority.

Seal

By order,

Competent Authority.

Dated the          20 .

Requirements/ Defects

(1)  It does not specify the name and address of the Applicant/s and also those of the Opponent/s as required under the rules.

(2)   It does not bear court-fee stamp of Rs………………….as required under the rules.

(3)  (a) No Vakalatnama is filed though the memo is signed by the Advocate.

(b) The Vakalatnama docs not bear Court Fee stamp of Rs…………………………………….

(c) The Vakalatnama is not signed by all Applicants.

(4)  A certified copy of the Agreement for Sale executed with the Promoter / Builder is/ arc not filed.

(5)  The uncertified copies of Sr. No………………….above are not filed as per the rules.

(6)  The Application is not verified as required under the rules.

(7)  Additional copies of…………………….Application with annexure required to be sent to all the Opponents / Promoter as per the rules arc not tendered.

(8)   A Resolution of the Managing Committee/Board of Directors authorising the Applicant on behalf of the Society or the Company or the Association to sue or be sued on behalf of the Society or the Company or the Association is not filed.

(9)  (a)The Application suffers from defect as stated in para. No………………………

(b) The Application complies with all the requirements under the Rules. It is registered as Application under section/rule…………………….of the Act/Rules. Letter or requisition calling for relevant record put for signature.

Officer of the Competent Authority

FORM IX

[See rule 13(2)|

Register of applications received by the Competent Authority under section 10 and 11 of the Maharashtra Ownership Plats

( Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

 

Sr. No. Dale of receipt& mode of receiptand case Number Name &Addressof theApplicant/and their

pleaders

or agents,

if any

Name &AddressOf theOpponentsand their

pleaders or

agents.

if any

Sectionunderwhichapplicationon is tiled Date onwhichApplicantwas directedto rectify

the defects

and the

dale of

compliance

Dates qfhearingandmanner of serviceof notice Date ofdisposalof theapplication/order passed/

certificate

issued

(1) (2) (3) (4) (5) (6) (7) (8)

 

FORM X

[See rule 13(2)]

 

Form of Notice to the concerned parties.

 

Before the Competent Authority at…………………….

Application u/s. 10/11 of the Maharashtra Ownership Flats

( Regulations of the Promotion of Construction, Sale,

Management and Transfer) Act, 1963.

Application No………………….. of 20…….

…………………………………………………………………. (Applicant/s.)

Versus

…………………………………………………………………..(Promoter/s)/ (Opponent/s.)

 

To,

The above named Applicant/s and address The Promoter/Opponent/s and address

1.         Take notice that the above Application has been filed by the Applicant under section 10 or 11 under the Maharashtra Ownership Plats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and under the applicable Rules against the Promoter/ Opponents and the entire Application with enclosures arc attached herewith.

2.        The Promoter/Opponent/s is/are hereby called upon to file his/their written reply on…………….at…………….time at the office of Competent Authority as his/ their defence in person or through his Advocate or his Authorised Representative and the Applicant is advised to collect the reply, if any filed, on…………….at……………. time at the office of Competent Authority.

3.        Considering the written reply received/ not received, the final hearing/ oral argument in the above case has been fixed on…………….at……………..

4.        If you do not file the reply or do not appear on the above date or dales, personally or through the duly appointed Representatives, the matter will be heard and decided ex-parte

5.        Given under my hand and the seal of the Competent Authority.

By order,

Competent Authority.

Dated the            20……..”

By order and in the name of the Governor of Maharashtra,

SITARAM KUNTE,

Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION. PRINTED AND PUBLISHED BY Slim PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJ1 SUBHASH ROAD. CIIARNI ROAD, MUMBA1 400 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CIIARNI ROAD. MUMBAI 100 004, EDITOR : HIIRI PARSHURAM JAGANNATH GOSAVI

 

 About Us : Redevelopment Project Management Consultants 

- We have a highly qualified team of Architect , Civil Engineers , Lawyers and legal experts in the areas of Redevelopment as Redevelopment Project Management Consultants
- We are currently managed and consulted more than 40+ Society in the areas of Redevelopment
- We have our projects running in Dahisar , Borivali , Kandivali , Malad , Goregaon , Jogeshwari , Andheri , Santacruz , Vile Parle , Juhu , Lokhandwala , Oshiwara , Bandra , Khar

 

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Deemed Conveyance Mumbai

If you need legal/lawyer/advocate support consulting for Deemed conveyance you can call us on +91 98335 45366 or email:contact@redevelopmentconsultants.com

 

What is the meaning of deemed Conveyance?

The Promoter( Builder/ Developer) is legally required to convey the land and the building within 4 months of  formation to  the society or any legal body of the flat purchasers.  However, it has been the experience that many promoters (Builders/Developers) have not conveyed the land and building to the legal bodies. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies. Under the provision, deemed conveyance means after the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body and to bring the same in the revenue record, a Competent Authority has been designated who will hear the parties on the basis of applications received from the aggrieved party and transfers the title in favour of the legal body by passing the necessary order and deemed conveyance certificate and appoint an authorised officer to execute the conveyance deed in favour of the society and execute on behalf of  non co-operative builder or the land owner. Getting the title of land and building by adopting the above procedure is known as deemed conveyance.

What is the difference between the deemed Conveyance and the Regular Conveyance.?

Ans: In case of regular conveyance, the builder/ Developer/ Landowner prepares a conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without any problem, the legal bodies get the conveyance with the co-operation of the builder/ landowner. In case of deemed conveyance, the builder/ land owner  or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of conveyance.  Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who donot want to part with the land and the building in favour of the society.

Is there any further problem / litigation in getting the deemed Conveyance, if the builder/ Landowner Does not co-operate?

Ans: Deemed Conveyance is a final conveyance. There will not be any problem. Once the Deemed conveyance is passed by the Competent Authority, the conveyance deed will be executed by the Authorised Officer in favour of the Legal Body. Further, the same will be registered. There is no appeal against the deemed conveyance order passed by the competent Authority.   Once the deemed conveyance order with conveyance deed is executed, the index II has to be obtained and submitted to the Talati office or City Survey office to incorporate the name of the legal body in the 7/12 extracts or in the property card as the case may be.

What is the provisions for payment of stamp duty on deemed conveyance?

Ans: Like regular conveyance, even on deemed Conveyance, the stamp duty will be only Rs.100/-, if all the flat owners have paid the stamp duty and  have done the registration of their respective flats including  on all the transactions (Chain of Agreements) done in those flats.  In case there are some flat owners who have not paid the stamp duty or has escaped the duty, the same will have to be paid at the time of registration of the deemed conveyance deed by the legal bodies and the same can be recovered from such flat owners.

How the conveyance in favour of the legal body will be done in case of layout plot where the builder carries out the construction in phases?

Ans: In case of layout plot, the provision for part conveyance has been done in the new proposed Rule No9(2). It has been clearly pointed out that in case of layout plot, the legal body will be entitled to get the proportionate  undivided rights, title and interest in the layout plot based on the FSI/TDR used for the respective building out of the total development potential of the entire layout plot as on the date of conveyance of the land and the building and as per the disclosure made by the builder. In case the builder has not disclosed the same, the entire balance FSI/TDR will be transferred to the legal bodies proportionately otherwise it will be available to the builder.

 

Consult Us : 

- We have a highly qualified team of Architect , Civil Engineers , Lawyers and legal experts in the areas of Redevelopment as Redevelopment Project Management Consultants
- We are currently managed and consulted more than 40+ Society in the areas of Redevelopment
- We have our projects running in Dahisar , Borivali , Kandivali , Malad , Goregaon , Jogeshwari , Andheri , Santacruz , Vile Parle , Juhu , Lokhandwala , Oshiwara , Bandra , Khar

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