Welcome to ChsGuru’s Answers:
Sir, i am a third joint
owner in flat and from first owner appendix 10A
and Rs 100 ASSOCIATE
MEMBER FEE paid to society and i was first secretary
for 7 month. Now new
secretary told i have no right to
ask question come with power of
attorney and not signing AND receiving my
any letter what i do, even
not allotting parking space
as per Bye-laws.
Rajkumar. Bansal., New Viva Collage Road,
Virar West – 401303.
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Since you are a Joint Member of the Society, you have
a right
to ask question. If the society
is refusing to accept
letter send it by RPAD. Every society has
to allot parking as per the
provisions
of Bye-laws of the society.
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Can
any CHS have right to force the member for donation,
i.e. Soc. Birth-day
or god puja.
Vijay Gaikwad., Ghansoli,
Navi Mumbai, Maharashtra - 400 701.
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We assume that you are
referring the term “donations”
for welfare or festival charges etc.
This cannot be made compulsory
even by the AGM of the society. Welfare
or festival activities are voluntary
and the expenses thereon have to
be met
from the contribution collected only from the
interested members for that purpose
& not from other society funds or
collections.
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Our society is undergoing major repairs
and would like to use
sinking fund? Can the special general body authorise
the managing committee for
the same or is the registrar's
permission
required? Our society has been classified as 'B' by the
statuary
auditor. Please let us know and oblige.
Regards.
Deepak Porecha., Charkop,
Kandivali (West), Mumbai - 67.
|
The procedure for withdrawal of Sinking fund has to be
followed as per the provision of the Bye-laws
of the society, for eg. If your society
have adopted the 2001 Bye-laws, the society
has to approve the withdrawal of the Sinking fund
for Major Repairs in the General body
Meeting & have to get sanction of the same
from the Registrar of Co-operative
Societies.
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I am the 3rd
owner of a flat in a CHS.
Recently a demand for
insufficient stamp duty was raised
against the property which has been
paid. Now the flat will be registered
in the 1st owners name. The 2nd owner
with whom i made the deal has also
not registered the flat nor
have I. Is it OK
that when i sell the flat,
the new owner directly gets
it registered in his name?
The society has already
issued share certificates in my
name when i bought the flat. Kindly
help. Thanking you in advance.
Chhaya Shah., G.M link Road,
Mumbai – 400 043.
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Registration of documents more than eight months
old has been disallowed w.e.f
Dt.22-12-2011, Now old documents cannot be registered. Please
read our article: Now
time bar documents will not be registered by the office of Sub-Registrar.
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Sir, I am member of a society
having my own flat. I am having
outstanding society maintenance dues
of about Rs.75000.00 (Principal
plus interest). I have asked the society for NOC
to get my name transferred to Electricity
meter and Mahanagar Gas. The society
is not issuing me NOC and is saying
that I have to repay my outstanding amount due
and thenafter only NOC
will be issued... I am not in a position
to pay the maintenance right now but am paying
slowly slowly. Also when the society
is charging interest on the pending amount,
how can the society say no for NOC
to get my names transferred
on Gas and Light Bill.
Please guide me what to do. Thanks
Rajesh Kumar.,
4 Bungalows,
Andheri
West, Mumbai.
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If the society has passed resolution in their meeting
to disapprove all NOC’s
to defaulters, only then the society’s
stand
would be considered as valid. Try
requesting the society again or ask
them to keep your application for consideration
before the General body meeting.
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Can Developer/Chairmen
of the Society Dissolve a Society
using forged signatures on the
dissolution
Resolution and also avoid Bond M20
under Amendment act of 2002.
Ameer Abdul Kader.,
Mazagoan, Mumbai - 400 010.
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Bank is facing criminal cases
for not disburse of Sanctioned loan. However
bank
has obtained ex-party order u/s 101
of MCS Act. Can he expedite
the recovery procedure? Or we can
file appeal/revision u/s 91 of MCS Act since
appeal time is barred due to non
availability of funds.
Munnalal. Dubey., Kalewadi,
Pune Maharashtra 411 017.
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Appeal against order issued u/s 101
cannot be filled u/s 91. The provision of
appeal
on order issued u/s 101 is available
only under Section 154 of the MCS Act 1960,
since as you referred that the appeal
time is barred the appeal should
be accompanied by
application u/s 153 of the MCS Act 1960.
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Dear Sir, Is an oral agreement for
transfer of property have to be drawn up by a Lawyer.
Himanshu
Jain.,
Country Park Borivali East, Mumbai.
|
Dear Himanshu, under
Section 17 of the Registration Act, 1908 all instruments of Gifts of
Immovable property and instruments of Sale of Immovable property the value of
which is One Hundred rupees and
more are required to be in writing and compulsorily registered & it’s
always in your interest to draft the said agreement from a lawyer.
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Whether model by laws 2009 are to be adopted by old society? or they can amend the same before adopting.
Atul. Bakshi. Hotgi road,
Solapur, - 413 006.
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The Model Bye-laws 2009 has
to be adopted in as it is
basis. After approving the same from
the registering authority,
the society can later amend
the same & get it approved from the Registering authority.
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The builder registered a
deed of declaration when co-op
Hsg is registered earlier. The Civil Court has declared
the deed as null and void.
would it be necessary to cancel the
deed of apartment executed by
flat owner, registered under the deed of declaration to
get membership of the Hsg society.
prakash
chitale, 288, baner road, Pune.
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When a CHS exist an apartment cannot be registered.
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