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May 2014 VOL.03 Issue 02

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Price : ` 25/-

VASAI TALUKA HOUSING SOCIETIES REVIEW

“MSWA Branch office “at Thane Ghodbunder Road.

Website: www.mswahousing.org / E-mail : [email protected]

Branch Office : Branch, Sharayu Prakashan, 40 TMC Punarvasan, MSWANear Parijat Gardan Society, Kasar Vadavali, Ghodbunder Road, Thane (W) - 400 615

Tel.: 022 2597 0898 / Mobile : 9967357415

Dr. C. D. AshitikarBranch Chairman

Mr. Rajendra DeshpandeBranch Secretary

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION (R)

HELP LINE 022 - 2597 0898

FOR ALL HOUSING SOCIETIES PROBLEMS

ALL HOUSING SOCIETIES STATIONARY, FORMS & PUBLICATIONS OF MSWA

AVAILABLE HERE

QUALI

TY

MANAGEMENT

SYSTEM

QMSISO9001

ISPLSystemCert

AN ISO 9001 CERTIFIED COMPANY

ARCHITECTS / CIVIL & STRUCTURAL ENGINEERS / VALUERS / SURVEYOR

REHABILITATION/ CONSTRUCTION/ DEVELOPMENT

WE EXPERTISE IN BUILDING REPAIR & REDEVELOPMENT CONSULTANCY Regd. / Licensed / Empanelled –

with BMC, MCGM, NMMC, KDMC, MBMC, VVMC

Our Services:

STRUCTURAL AUDIT / SURVEY : As per Bye law No.77 & Municipal norms. Details survey / Audit / Non - Destructive Test , RBH, USPB / Remedies, Estimation etc

REPAIRS: Survey, Tendering pr ocess, Selection of contractor, Legal documentation, Technical Supervision, Quality & Quantity Control, Bill Certification, Work Guarantee & Stability Certificate etc

RE-DEVELOPMENT: As per Govt. new guideline/ notification -feasibility Report, Tendering Process, Selection of builder, Planning, Legal documentation, Supervising, Quality Control , Verifying various permission like IOD,CC etc before vacating the plot, Strict supervision to monitor quality of construction & Scrutinsing all property paper before handover to society

& Project Consultants

Arrangement of Loan for Major Repairs & Re -development

H O. Vashi – JN2/41/A1, Sector No.9, Vashi, Navi Mumbai –

400 703

: - 022-6522 0014

/ 8856 003576

B O. Vasai -

B/16, Mahavir Kunj, Ambadi Road, Vasai (W),

Thane –

401 202

: - 95250-

6012 213

/ 9321 099506

E –

Mail : [email protected]

Mr. Thomas Mathew : -

9823 608875

Mr. Binu Mathew : -

9545 730344

02

Vasai Taluka Housing Societies Review 03 May 2014

BUILDING REPAIRS / REDEVELOPMENTB.M.C AAPROVED CONSULTANTS

(BMC PANEL STRUCTURAL ENGINEER REGD. NO. STR/S/171) & ARCHITECT CA/80/5507

Regd. / Licensed / Empanelled – with MCGM, NMMC, KDMC, MBMC, VVMC

On similar lines, the health of the building has to be checked

Our company will check your for the “SWEET HOME”

STRENGTH OF THE BUILDING, DURABILITY &

STRUCTURAL SAFETY.

OUR SERVICES FOR STRUCTURAL AUDIT & BUILDING REPAIRS:

REPAIRS:

PMC FOR REDEVELOPMENT :

Structural Audit / Survey: As Per Bye Law No.77 & Municipal Nomes. Details Survey/ Audit / Non-Destructive Tests (Ultra Pulse & Rebound Hammer Test) Half Cell Potential Chemical Analis.

Survey, Tendering Process, Selection of Contractor, Legal Documentation, Technical Supervision, Quality & Quantity Control, Bill Certification, Work Guarantee & Stability Certificate.

As Per Govt. New Guideline / Notification- Feasibility Report, Tendering Process, Selection Of Building, Planning, Legal Documentation, Supervision, Quality Control & Project Consultants.

Expert in Liasoning with BMC/MHADA/Collector/SRA/MMRDA

BMC Panel Consists Of Structural Engineer, Architects, & Legal Consultants.

Architect, Civil & Structural Engineers, Valuers Project Management Consultants,

ADDRESS: H/O -10/101, Swapna Purti, Nr. Vishnu Shivam Mall, Thakar Village, Kandivali (E), Mumbai- 400 101. B/O- Shop-No-4, Nirav Apt.Anand Nagar, Vasai (W), Thane-401202Contact Person.

MR.NILESH SINGH - 7666001099/9920601099/7718881801

MR.PANKAJ CHAUHAN - 7757856885/7718881808

MR.CHETAN GAONKAR - 7757856884/771881807

OFFICE -NO - 7718881803/0250-6065655/6055655

For General Housing Society related queries, Please Contact 0250-6457596/ 95 • 0250-2390170/ 71

• E-mail • [email protected]

Views expressed in this Magazine are of the authors & VTHF is not Responsible for its Contents.

Circulate among Friends and other members of the Society

PRINTED ATNutan Printers Pvt.Ltd.,G-4, C-wing, Radha Kunj CHS.Ltd.Anand Nagar, Navghar, Vasai Road (W),Thane – 401 202

For Members : Free

Annual Membership : Rs. 500/-(Society & Individual)

MOST IMPORTANT

VASAI TALUKA HOUSING SOCIETIES REVIEW

“ Readers are recommended to make appropriate enquires and seek appropriate advice before sending money, incurring any expenses, acting on medical recommendation or entering into any commitment in relation to any advertisement published in this publication. VTHF group doesn’t vouch for any claims made by the Advertisers of products and services. The Printer, Publisher, Editor, and Owner of the VTHF Group Publications shall not be held liable for any consequences, in the events such claims are not honoured by the Advertisers” CONTAIN PAGE NO.

EDITORIAL & PUBLICATION OFFICESwagat Bhavan, opp. MSED Staff colony,Next to Indian Oil, station road,Vasai road (E), Dist. Thane - 401202

CHAIRMAN

CA. Ramesh S. Prabhu

EDITOR

Mr. V. Viswanathan

DESIGNED BY

Vishal Bamane

EDITORIAL BOARD

CA. Anitha Viswanathan

Adv. Runal Falcao

Adv. Beena Singh.

06

10

12

14

16


[kftunkj

Jh- lafni okfy;k

Dear Readers,

World's biggest democratic process is over and by the

time you receive this magazine the mandate would be

out as to who will form the Government. We hope all

citizen of Vasai Taluka voted without fail judiciously.

After the circular on unsold flats the government has

come out with a circular dated 4/4/14 on parking area,

society office, pump rooms and such other constructions done by the

society is not chargable to stamp duty. The circular is made available on

the website of your federation and also printed in this magazine.

The government has taken initiative to get the online application for

Deemed Conveyance. The detail of the same is given elsewhere in the

magazine. Also online registration of the society is also must for all the

societies which needs to be done on urgent basis else there is risk of

societies' being de-registered. Occupancy certificate today is a must for all

the buildings without which getting loan is difficult. The resident

municipality would charge you additional charges for water and property

tax. The Thane Municipal Corporation (TMC) has come out with an Abhay

Yojana for obtaining Occupancy Certificate (OC). You can go through the

same. Your federation is going to urge the VVCMC to come out with similar

scheme for Vasai Taluka too. Because of poor response to the Deemed

Conveyance, the Honorable Chief Minister has extended the special drive ston Deemed Conveyance till 31 December 2014. All the requested to avail

the benefit and get the conveyance of their society. You must be availing

the benefits of the federation by this time. We would like to have your

experience, be it positive or negative, about your experiences with us.

This will help us to improve for good. Suggestions and criticisms are most

welcome as it will help us to improve on our services. Please do email us

on [email protected].

This is my first editorial as a treasurer of the federation, in this respect

your valuable inputs are invited at [email protected] /

[email protected]. Those who are yet to become the

member of the federation are requested to apply as soon as possible to get

the benefit of the free monthly magazine.

Happy Reading !

Bk.ks egkuxjikfydsph vfHkuo vHk; ;kstuk

ekuho [kjsnh[krkps izdj.kh tkxsps ewY;kadu djrkuk fopkjkr ?;ko;kP;k ckcha

dUOgsal dj.ks vR;ar xjtsps

YOU WON'T HAVE TO PAY STAMP DUTY.......

----------rj fcYMjyk jkst # 500 naM


Name of the Redevelopment Project Coordinator is as Follows :

Mr. S. R. Desai - 9820687418

LALIT & ASSOCIATES Architects , Civil/Structural Engineers , Valuer & Project Consultants

Mr. Lalit Kumar Jha - B.E (Civil), Proprietor

Regd /Licensed/empanelled – with MCGM, NMMC, TMC, MBMC & KDMC

Regd No – STR/J/77.& NMMC/TPO/S.E/106

Cell : 9321035048 /9222552270

E-mail –[email protected]. Our services:

STRUCTURAL AUDIT / SURVEY : As per Bye law No.77 & Municipal norms. Details survey /Audit/ Non-

Destructive Test/, Remedies , Estimation etc.

REPAIRS : Survey, Tendering process , selection of contractor, legal documentation, Technical Supervision ,

Quality & Quantity Control, Bill Certification, Work guarantee & Stability Certificate.

RE- DEVELOPMENT : As per govt. new guideline / notification – feasibility Report, Tendering Process, selection of

builder , planning , legal documentation, supervision, Quality Control & Project Consultants.

Office : Navi Mumbai -: B3/3/0.3, Sec - 02, Opp. Abhudaya Bank, Vashi, Navi Mumbai - 400 703, Tel.: 022- 64640122 Thane :- C-70, Shanti Shopping Centre, Near Railway Station, Mira Road (E), Dist. Thane – 401 107

CARMELEDUCATIONAL GROUP

QUALITY EDUCATION

Since 1994

With Best Compliments From,

Vasai (W)


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KIND ATTENTION ALL THE MEMBERS OF CO-OPERATIVE HOUSING SOCIETIES!!!

WE PROVIDE FOLLOWING SERVICES FOR STRUCTURAL AUDIT, REPAIRS, RETRO-FITTINGS & REDEVELOPMENT.

OUR SCOPE IN REPAIR WORK : N.D.T. Structural Audit, Estimation of Repairs & Retrofitting, Technical & Economical Repairs, Retrofitting, Tendering & Contractor selection, Supervision, Bill check, Quality Control, Defect Liability period, Structural stability certificate.

OUR SCOPE IN REDEVELOPMENT WORK : Legal Service, Government department Liasoning work, Feasibility Report, Tendering & Developer selection, Supervision & Quality Control, Defect Liability period

OUR SCOPE IN SELF REDEVELOPMENT WORK : Legal Service, Government department Liasoning work, Feasibility Report, Financing project, Architectural Planning & Designing, Structural Designing, Tendering & Contractor selection, Legal Service, Liasoning work for Plan approval, IOD, CC, BCC, OC etc., Supervision & Quality Control, Defect Liability period.

TECHNICAL, LEGAL & OTHER SERVICES : Total Station Survey for Plot & Carpet area Measurement, Legal Service provides for Society documentation by our Advocates.

GOVERNMENT DEPARTMENT LIASONING WORK : Liasoning work for procuring documentsfrom various Governments, MCGM department for Co.op. Hsg. Societies

Member of : Municipal License Structural Engineer STR/S/80, Surveyor No. P/566/LS, Practicing Engineers & Architects and Town Planner Association (PEATA)

Mr. Nikhil Pimputkar ( Structural Engineer ) (B. E. Civil from VJTI ) Mr. Sharad Mudaliar ( Civil Engineer),

Mr. Prajakt Patil ( Architect ), Mr. Harshal Patil ( MCGM License Surveyor & Civil Engineer ),

Mr. Khalid Barudgar (Architect ), Mr. Samir Sayyed (B. E. Civil from VJTI), M. Tech Structures (IIT Mumbai)

Call: 9821038065, 9821367035, 7208312356, 9769088340, 9769088250

Email: [email protected], [email protected], [email protected] , Web : www.pmcvastu.com

VILE PARLE OFFICE: Pandurang Sadan, Ground floor, 2A Hanuman Road, Opp. Loop Mobile Gallery, Vile Parle (East), Mumbai - 400 057.

THANE OFFICE: 602, Damodar Niwas, ‘B’ Cabin, Shivaji Nagar, Naupada, Thane (W) - 400 601.

Service Tax No: ST. / MUM / DIV-III / ARC-1734/ 09

Call our 15 Years Experienced Engineers for best Technical advice & prompt Economical service.

Mr. Amit Kamlakar Thakur is not associated with Vastu Associates


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May 2014Vasai Taluka Housing Societies Review 09


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Suresh Naik

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YOU WON'T HAVE TO PAYSTAMP DUTY FOR CONVEYANCE DEEDRecent state government GR also waives off stamp duty on unsold flats

In a move likely to benefit 3,000 societies which have got Deemed Conveyance recently, the state government has relaxed the payment of stamp duty charged for the plot from societies which conveying it to them. Conveyance is the ownership right to the building and he plot on which the structure is built. For years, societies had to pay 5% as stamp duty for the land when it got conveyed. It was charged for 40% of the total area, according to the ready reckoner rate. However, the state GR has waived off the amount.

“The relief is in the range of Rs.15-25 lakh. It means a lot to middle-class people, who would have had to shell out such a huge amount for their rights.” Said Francica D'souza, secretary, Pearl Heaven Cooperative Housing Society in Vikroli. The building, which was constructed in 1981, got ownership of the land after a long fight and judicial intervention.

Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association (MSWA), said the waiver will benefit lakhs of flat owners. “People invest their lifelong savings to buy a house, after which they had to pay the stamp duty. This was an unnecessary burden on people, which has been taken off by the government ,” said Prabhu. With most builders unwilling to pass the legal rights of the plot, the state government initiated the concept of deemed conveyance to ensure faster transfer of land.

The Maharashtra Ownership Flats Act ( MOFA), too, was amended in which the builder had to convey the land within four months after the formaFor years, flat owners had to pay 5% as stamp duty for the plot when it got conveyed. However, the process has been moving at a slow pace because of various hurdles. The state has also waived off the stamp duty on unsold flats, where the society had to bear the expenses while conveying the land.

Source - Hindustan Times


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ONLINE INFORMATION AND DEEMED CONVEYANCE DRIVEHon. Secretary/ Hon. Chairman,

With reference to above, the Co-operative

Department has made it compulsory for every

society to submit the details of the society on the

Government Website. Further, the deemed

conveyance application is also required to be filled

through the Online. The Government has extended stthe Deemed Conveyance drive till 31 December,

2014.

In order to facilitate both the initiative of

Government and also to help the housing societies

in achieving the required goal, your Federation has

engaged the service of Federation Representative

who will visit your society , guide you and if

required offer the required services.

The Deemed Conveyance is a very good step in

acquiring the land and building in the name of the

society. The Competent Authority (District Deputy

Registrar) steps into the shoes of the developer and

land owner and executes the conveyance deed in

favour of the society. You will get the following

advantages, if you acquire the deemed conveyance

at the earliest:

(1) You will become the owner of the land. As per

the new law (Maharashtra Housing

(Regulation and Development) Act, 2012) to

be effective mostly in the next year, in a layout

of more than 2000 Sq. Meters, you will get

conveyance of only structure and conveyance

of land will be given only after the entire

complex is fully developed and conveyance of

land will be given in the name of the

Federation.

(2) The stamp duty for documents prior to

10.12.1985, if the proper proof of residence is

given, the stamp duty at old value will be

charged at the time of conveyance.

(3) Stamp duty on the land which otherwise

would have been charged on 40% of the land

as per ready reckoner has been stayed for

deemed conveyance.

(4) Registration fees to be charged at the rate of

1% of the market value of the entire property

has been temporarily stayed. The same may be

implemented once the elections are over.

(5) The government is planning to introduce the

system of charging stamp duty on all the flats

as per the current market value at the time of

conveyance and stamp duty paid earlier on the

agreement will be given credit. Now the stamp

duty on conveyance as on today is only

Rs.100/-, if all the flat owners pay their stamp

duty on their agreement and no stamp duty for

land or differential value is charged.

(6) High Court and Supreme Courts have

confirmed the deemed conveyance execution

by the Competent Authority.

(7) Even if the matter is pending before the

Consumer Court, the deemed conveyance

application is possible and the same has been

confirmed by the Hon'ble High Court.

(8) In order to take the benefit of increase in FSI/

use of TDR, conveyance of land and building is

very much required. No redevelopment is

possible without conveyance.

We have appointed our representative to visit your

society. You may contact to Mr. Pawar at association

office on 0250-6457596 for more details and also

to invite our representative your society to speak to

your society members on any day suitable to you.

Thanking you

(CA.Ramesh Prabhu)

Hon. Chairman.


• Latest Circulars

• New Law & Bye - Laws

• Govt. Act & Regulation

Please Visit on



Field Executive Mr./Mrs. ________________________________________________________________________________________

Online Registration By __________________________________________________________________________________________

Society Registration Details

Registration Details

Registration Number : * 1. Registration Date : *

Society Basic Details

Society Type

Society Name

Society Class

3.

5.

6.

4.: *

: *

: *

Housing Society Society Code :

Address of Society during Registration

Address

Road / Street

Near / Opposite

District

Taluka

Village/City

Pincode

7.

8.

9.

10.

11.

12.

13.

ONLINE SOCIETY REGISTRATION FORM

: *

: *

: *

: *

: *

: *

: *

Present Address of Society

Address

Road / Street

Near / Opposite

District

Taluka

Village/City

Pincode

14.

15.

16.

17.

18.

19.

20.

: *

: *

: *

: *

: *

: *

: *

2.

VASAI TALUKA CO-OPERATIVE HOUSING FEDERATION LTD.Swagat Bhavan, Near Indian Oil, Opp. MSEB Colony, Station Rd, Vasai (E), Thane 401 202

Tel.: 0250-6457585 -95 / 0250 – 2390171 / 2393773/74


Name of Chairman

Tel. / Mobile No./ E-mail

Name of Secretary


Name of Treasurer


Name of Manager


Name of Liquidator


No. of Committee Members

Tenure of the Managing

Committee (Months)

Last Audit Date

Audit Class

( as PerLast Audit )

Upload Society Registration Certificate : *

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

41.

44.

46.

47.

:

:

:

:

:

:

:

:

:

:

:

: *

: *

Society Management Profile

Last Election Date

Last AGM Date

Audit Year

Paid of Share Capital

: *

:

: *

: *

Other Contact Details

E-mail Address

Landlline

21.

22.

: *

:

40.

42.

43.

45.

Society Members Profile

Jurisdiction

No. of Active Members

No of Units

24.

26.

28.

:

:

:

No of Members

No. of Domant Members

25.

27.

(Applicable only in case of Housing)

(as Per Last Audited Balance Sheet)

Upload

Note : 1. * Mandatory for Update

2. Society Compulsory Upload Scanned Society Registration Certificate Document Here.

3. Society Code - 6405 4. Society Class - Below 100 Members - ‘C’ Class & Above 100 Members - ‘B’ Class

23. Mobile No.: *

Flat No.:*

Flat No.:*

Flat No.:*

Flat No.:*


Other Society Details

Whether Society has got Conveyance? Yes No

Yes No Is the Society Interested in Redevelopment?

If so when : 6 Months 1 Year 2 Year

Yes NoWhether society has appointed any Builder

Details ______________________________________________________________________ _______________

___________________________________________________________________________________________

Whether society Knows Self Redevelopment? Yes No

Yes NoWhether society has appointed any PMC

Details ______________________________________________________________________ _______________

___________________________________________________________________________________________

Whether society is Federation Member Yes No

If Yes, Membership Number

Whether society Intends to be a Federation Member Yes No

We Need Guideline in the Following Matter

____________________________________________________________________________ _______________

___________________________________________________________________________________________

1.

2.

3.

4.

5.

6.

7.

8.

Note.: On receipt of this form we shall facilitate you to Registered your name on the co-operative societies

department website free of the cost.

Note.: Please Fill this Form & Call our Association on 2390171 to Collect & to register on the Govt. Website

Chairman/Secretary

Signature

Seal


Period


NO CONVEYANCE TRANSFER, SOC OWNER OF LAND: HCShibu Thomas TNN

Mumbai: The Bombay high court has disallowed

transferring conveyance of a part of a plot on which

a housing society stands for redevelopment, saying

the society is the owner of the land.

In 1984, the Ashadeep housing society came up on a

Bandra plot owned by Paresh Associates. The

agreement with the builder said the remaining area

of the plot will be leased to Paresh Associates, who

Shibu Thomas TNN

Mumbai: Three decades after a building came up on

a portion of a land in the city, the bid by its owner to

convey the property to another firm for developing

another part of the plot has come under the scanner

of the Bombay high court. In an interim order,

Justice Roshan Dalvi restrained the developers

from constructing or redeveloping the plot except

an area of 324 sq m, which has two outhouses.

The judge also directed the firm that it would not

create any third party rights on the property except

allowing the existing tenants of the two outhouses

to reside there. “(The firms) seek to put up

construction far in excess of the area of the two old

structures (outhouses). They seek to utilize the FSI

of the entire plot of land, which belongs to the

society. They also seek to load TDR upon the new

construction. This they cannot do. The society has

rightly sought to restrain such construction,” the

judge said.

The dispute relates to a plot of land in Bandra

spread over 1,310 sq m owned by Paresh

Associates. In 1984, a building was constructed by

demolishing an old structure. Another portion of

the land, which had two outhouses with five

tenants, did not opt for redevelopment. The new

flat owners in the main building formed Ashadeep

will have to become a member of the society.

The society never got conveyance from the owner,

who, meanwhile, signed a deal with another builder

to transfer conveyance of the land for developing

the remaining land. The HC said the society was

“deemed to have been conveyed the entire property

under Section 11 of the MOFA (Maharashtra

Ownership Flats Act, 1963)” and was the only

owner of the land.

DEVELOPER CAN'T TRANSFER BLDG CONVEYANCE TO ANOTHER FIRM, SOCIETY IS REAL OWNER: HC

housing society and the

agreement with the builder

specified that the land

beneath the two outhouses

will be leased to the

Paresh Associates,

who will have to

become a member

of the society.

Since 2008 the society has sought conveyance of

the property and has even filed a case to seek its

rights. The judge observed that the society was

“deemed to have been conveyed the entire property

within the statutory period under Section 11 of the

MOFA (Maharashtra Ownership Flats Act). The fact

that a part of the construction of the two outhouses

remained would not make a difference to the

entitlement of the society in law”.

The court said the society was the only owner of

the land. “The benefits of ownership cannot,

therefore, accrue to (Paresh Associates). It cannot,

therefore, convey any part of the plot of land under

any agreement or indenture,” said the judge listing

the original suit for hearing on June 11.

Source : Times of India

Detail Judgment Available our Website:



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OFFICE : Gandhi Nagar Samadhan CHSL., Bldg no 45, Room no 2233, next to Mhada office, Bandra East , Mumbai - 51. . Tel-022-65210232, 65345001, Mob:9820993481 Email:[email protected] more details : www.arvindsinghconsultants.com

ARVIND SINGH CONSULTANTSCONSULTING STRUCTURAL ENGINEER, ARCHITECT & PROJECT MANAGEMENT CONSULTANT.

WITH OWN NDT EQUIPMENTSNON DESTRUCTIVE TESTING. (NDT)

REPAIRING(23 YEARS EXPERIENCE )

REDEVELOPMENT(18 YEARS EXPERIENCE AS PMC )

Structural Audit as per BMC norms.

Detailed Cost estimate.

Preparing Tender documents.

Guiding Society in selection of contractor.

Day to day supervision.

Certification of bills.

Stability Certificate.

OTHER SERVICES

Installation of lift.

Stack car parking.

Deemed Conveyance Verifying property document. Feasibility report. Preparing and floating tender. Guiding society's solicitor in preparing legal

documents. Guiding society in selecting good builder. Guiding society for amenities, add area,

corpous fund etc. Verifying various permission like IOD, CC etc.

before vacating the plot. Strict supervision to monitor quality of

construction. Scrutinsing all property paper before handover

to society.

H.O.:- 4, 1st floor, Chandrakant Apt., Opp. Hanuman Mandir, Shreyas Colony, Goregaon (E), Mumbai - 63., Tel Nos.:- 9322255108, 9930344006, 9930999312, 29272735 / 29272382, E-mail :- [email protected]


TIME SCHEDULE AND ACTIVITIES TO BE DONE TO OBTAIN THE DEEMED CONVEYANCE ORDER, REGISTRATION THEREOF.Lot of queries are received by our association about the time schedule to get the deemed conveyance order. There is fear that the same will take at least 2 or 3 years. As per the experience of our consultants, deemed conveyance order can be expected in six months from the date of making the application to competent Authority. In order to have detailed activities to be done from the date of appointing an authorized person to do the conveyance application till obtaining the order has been listed as under. One can also expediate the process wherever possible.

STEPS AND PROCEDURES FOR Obtaining the Deemed Conveyance Order

Activity No.

Particulars Days to required

Responsibility

1 Issue of Appointment Letter and execution of Service Level Agreement between Vasant Sarita and Prabhu Associates and issue Power of Attorney to apply to different Department to represent the society ( Draft is attached as Annexure-1)

0+1 Society

2

Fill up the online information of the society on the Govt website

1+3

Society+

Consultant

3

Get the validation of On Line Information from the Deputy Registrar of the Ward

4+7

Consultant

4

Apply to Different Department to obtain Documents required to submit the application under Deemed Conveyance ( List of the department / Documents that will be applied and required time schedule is given in the annexure -2)

11+35

Consultant

5

Draft Application for Deemed Conveyance to be submitted to the Society for their approval

46+3

consultant

6

Approval of the application to be confirmed by the Authorised person appointed by the society by email (if possible by taking a Committee meeting and giving such resolution of approval of the Draft)

49+3

consultant

7

Preparation of final Application with all Annexure for final Signature of the Society

51+2

consultant

8

Application Before the Competent Authority with all the annexure

duly signed by the society to be handed over

to us

53+3

society

9

Apply through the Portal of Govt-

On line

56+3

10

Apply to the Competent Authority on the next working day once the final application duly signed by office bearers and updated online in the Govt website.

59+1

consultant


11 Scrutiny to be done by the Department- Time permitted by the Law is 30 days to the department.

60+27 Dept+ consultant

12 Receiving the Form No.IX about the additional documents required to process the application

87+1 consultant

13 Comply with the queries raised by the department and get pray to admit the application and start the hearing by issuing notice to the opponents – Time given by the department in this case is 15 days


14 Issue of Hearing Notice – Normal time taken is 7 working days


15 1st Hearing fixed between 15 to 21 days later 110+21 Dept+

consultant

16 Hearings, Written Submission, Adjournments, Attending Hearing, Inspection of Documents by opponents, spot verification by the officers of the Department etc.

( This normally takes 3 to 4 months- Depending on other side excuses, prayer etc) – As per the law, 6 months time is given to the Competent Authority to complete the hearing from the date of admission of the application

131+120 Dept+

society+

Opponents+

consultant

17 Oral Arguments before Competent authority and get the file closed for order with a liberty file written notes of arguments in next 15 days.

251+15 Dept+

society+

Opponents+

consultant

18 Preparation of final Arguments by us and submit to the society for their approval and signature

266+7 Society and consultant

19 The approval of the Final Argument by the society along with duly signed notes of argument to be received by us

273+7 society

20 Intimation about the finalization of order and raise the demand for balance payment of fees

Consultant

21 Obtaining the necessary Order from the Competent Authority – Normally 2 months is taken by the Authority .

266+60 Dept+

consultant

22 Hand over the Deemed Conveyance order to the Society

326+1 consultant

23 Grace period / buffer for any delay at any of the above stages

327+38 Dept+society+Opponents

+consultant


In case, the opponents/ respondents file separate case against the society at different courts or the society decides to file the cases in other courts like Consumer Court or Civil Court or Criminal Court for Conveyance or any other related issues etc, there can be further delay in the process.

In case, to get certain documents, if Right to Information (RTI) appeal has to be filed before the first and second appeal authority, there can be further delay. However to obtain the total deemed conveyance order, from the date of decision any society should be able to get the same in one year time.

After obtaining the deemed conveyance order, the societies are required to prepare the conveyance deed, get the same approved in the Special General Body meeting and submit to the Competent Authority for his approval and then pay the required stamp duty and get the same registered with the sub-registrar. The entire line of action and the activities to be done is given hereunder. The total time taken for this process can be nearly six months, if all the members co-operate. In case of any delay or non-co-operation from the members, the time schedule may accordingly increase. Therefore, once the decision to go for conveyance is done, necessary information to be given to the members to give the agreement copies, stamp duty proof and registration receipts.

STEPS AND PROCEDURES FOR Adjudication of the conveyance deed and payment of stamp duty and registration

Activity No.

Particulars Days to required

Resposibility

Remarks

1 Preparation of the conveyance deed after obtaining the Order

0+7 Consultant

2 Approval of the Conveyance deed by calling a Special General Body meeting and authorizing the Committee to execute the same.

7+15 Society

3 Obtaining the duly approved conveyance deed along with copy of the General Body resolution of approving the same.

22+1 society

4 Apply to the Adjudication department by notarizing all the documents

23+7 consultant

5 The department to Scrutinize all the 98 agreements and issue requirements to claim the reduction in the stamp duty of any individual flat owners/ Members


6 Society to collect the documents from the individual flat purchasers or from the society and Submit the documents to us and pay expert fees cheque.

60+7 society

7 Get the Final Demand notice issued for the deficit in stamp duty, if any


8 Payment of deficit duty by the society 97+3

For Deemed Conveyance Judgment & for Queries Please logon to www.vasaihousingfederation.com


9 Prepare the challan and make the payment

to the Department by online and collect the challan for payment made ( As the cheque paid by the society should get cleared.)

100+7 Consultant

10 Submit the duly paid challen to the dept for certifying the conveyance deed.

107+1 Consultant

11 Obtain the duly certified about the payment of stamp duty on conveyance deed.


12 Apply to the Competent Authority for execution of the conveyance deed and also forward a letter to the sub-registrar to register the conveyance deed.

123+15 Dept+ Consultant

13 Submit the duly stamped conveyance deed along with DDR letter to sub-registrar

duly

signed by the Society

138+1 Consultant

14

Issue of Notice to land owners/Builder by the sub-registrar to verify, if any stay is granted on the deemed conveyance deed on the writ petition, if any filed by them.

139+30

Dept+

Consultant

15

Payment of Registration fees by the society

along with expert fees cheques

169+7

Society

16

Registration of Conveyance deed

and obtain the INDEX II from the department

176+4

Consultant.

Remember you need to have extraordinary patience to procure any document that is to be retrieved from a government office. To start with the procedural work for procuring the conveyance in your favour, you are requested to issue a letter confirming our appointment for the said job..

In case of any delay from the department in processing the same, the consultant and the society should send reminder letters and follow up to get the same completed at the earliest. There may be need of another grace period of 6 months. Please note that none of the consultants or the society interested in delaying the work. However, the opponents take out the various reasons to delay the same and also some time department because of heavy work or shortage of staff.

The changes in the property card can be done only after completion of the registration of conveyance deed and obtaining the index II of the document..

Therefore, the consultant and the societies should be alert in meeting the time schedule and completing each activities.

If you require any further clarification on this topic, please feel free to call to the association office on 6457596 or send the email on [email protected] on any working days between 10am to 7pm, assuring you of our best service all the time.


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AN ASSOCIATED MEMBERS CAN CONTEST ELECTION FOR

THE POST OF CHAIRMAN, SECRETARY OR THE TREASURER OF THE SOCIETY

Most of the Societies are confused on the question

that “Whether an Associate member can contest

election for the post of Chairman, Secretary or the

Treasurer of the Society or not. To understand this,

we require to know who are the Associate

members and what are their rights. According to

Section 2(19)(b) of the M. C. S. Act 1960,

“Associate member” means a member who holds

jointly a share of a society with others, but whose

name does not stand first in the share

certificate.

Further As per Bye Law 19(B) an individual, a

firm, a company or a body corporate, registered

under any law for time being in force, who/which is

eligible to be an associate member and who/which

has made an application in the prescribed form for

such membership, along with the entrance fee of

Rs.100/- may be admitted as such member by the

committee.

Therefore the person whose name stands second

or onwards in the share certificate either by way of

joint ownership or by the provision illustrated in

bye-law no. 19 (B) is an associate member.

Now if we see Sec. 27(2) of the MCS Act which

regulates the voting rights of the Associate

members, states that:

“Where a share of a society is held jointly by more

than one person, the person whose name stands

first in the share certificate, if present, shall have

the right to vote, But in the absence the person

whose name stands next, and likewise, in the

absence of the preceding persons the person

whose name is next on the share certificate, who is

present and who is not a minor, shall have the right

to vote.”

It clearly illustrates that an Associate member can

vote in the absence of the first/original member. In

other words, once society has

admitted a person as associate

member or has added his name

to share certificate, he/she can

stand for elections. This is

further confirmed by the

G o v e r n m e n t t h r o u g h a

rect i f icat ion letter dated

12.06.2007.

Further as per the definition given in section 2 of

MCS Act, 1960, the term “Members”, includes the

Associate Member. Therefore all the rights of the

member can be exercised by the associate member

also.

It is to be noted that to make the associate member

eligible to vote or contest the election, the first

member (member whose name stands first in the

share certificate) has to submit NOC and

undertaking, stating that he/she does not intend to

participate in the election and he/she have no

objection if associate member contesting the

election.

Earlier in the Housing Manual, which was issued on

15.10.2011, two types of Associate members were

defined- one who is a joint owner and becomes the

associate member and another who become

associate member by paying Rs. 100/- fee but who

is not a joint owner. Further it was mentioned that

“Associate Members cannot contest election of

Managing Committee if the Associate member is

not the joint owner of the flats”.

However, this created lot of problem and confusion

for the Co-operative Housing Society. Lots of

complaints of the Society was received and

accordingly Co-operation, Marketing and Textile

Industries Department had issued the circular

dated 28.11.2013 where it is mentioned that

“Taking into consideration the possibility that due

to such provision (made in the Housing Manual)

Adv. Runal Falcao


there would be disputes and confusion between

the members of a Society and its Managing

Committee and that the number of complaints in

this regard would increase, approval of the

Government is hereby granted to exclude/delete

from the Housing Manual the provision made

therein in respect of Associate member viz.

“A person who becomes an Associate/Joint

Member only by paying an entrance fee will not get

any right to vote or election on behalf of the said

member and in order to hold shares jointly, it is

necessary that the Associate/Joint Member must

have his share/name in the ownership of the

property”.

The same was confirmed by the circular dated

03.12.2013 issued by Deputy Registrar Co-

operative Societies, 'D' Ward, Mumbai, Malhotra thHouse, 6 Floor, Opp. G.P.O., Fort, Mumbai- 400001

and all the Government authorities i.e. Registrars,

public at large and federations were directed to act

accordingly. Another reconfirmation circular dated

24.12.2013 was issued by Office of the

Commissioner, Co-operation and Registrar, Co-

operative Societies, Maharashtra State, Pune about

deletion of the said insertion.

By this way Government of Maharashtra has

deleted the provision of defying two types of

Associate members when MCS Act, 1960 does not

have such classification and now it is Cristal clear

that an Associate member can contest the election

even for the post of Chairman, Secretary or

Treasurer.

For Detail Associates Members Circular & for Queries Please logon to www.vasaihousingfederation.com

All the working of the Co-operative Housing Society is managed by the Managing Committee. The members of the Society elect/select the managing committee member amongst themselves. A well managed Co-operative Housing Society is a reflection of the Efficient Managing Committee. The Committee is the apex body which has diverse powers and functions in accordance with the byelaws of the society. The Managing Committee is expected to work for the benefit of the members of the society.

But many of times, for one or other reasons, the Committee or the Society does not function properly according to the desired lines. In such situations, any aggrieved member can make a complaint to the Registrar to appoint member/s of the Society to be appointed as a committee member or to appoint authorised officer to manage the affairs of the Society under sec. 77 A of the Maharashtra Co-operative Societies Act, 1960. Sec. 77 A enumerates in detail, the grounds on which an application for such appointment can be made by the member to the Registrar.

Where a post/s of committee member/s is vacant due to resignation of the committee member/s, the

LETTER TO THE REGISTRAR TO APPOINT AN ADMINISTRATIVE BOARDIF THE MAXIMUM MEMBERS WANT TO RESIGN FROM THE COMMITTEE.

Registrar may by an order, appoint a member/s of the Society to be the member/s of the Committee to fill that vacancy. Where the entire Committee ceased to be function, then the Registrar after being satisfied, may by an order, appoint a committee, consisting of not more than three member/s of the Society or one or more authorised officer (who need not to be a member of the society) to manage the affairs of the Society. Section 77 A further states that before making such order of appointment, the Registrar shall publish a notice on the notice board of the Society, inviting objections and suggestions. This is to be noted that the members of the Society can make application to the Registrar to appoint a committee of 3 members among the Society members who have willingness to work as an Administrative Board Member. But these 3 members should not be the defaulters and/or no case should be file/charge against them.

By this way, Section 77 A of MCS Act, 1960, provides a right to members of the housing co-operative society, to make an application to the Registrar to appoint an Administrative Board Member consisting of society members only or to appoint Authorised Officer to manage the working of the Society.


79A DIRECTIONS FOR FILING ANNUAL RETURNS ETC. GIVE IN ENGLISH AND MARATHI

79A DIRECTIONS Circular Available Our Association Office

or Logon to www.vasaihousingfederation.com

Circular - Dated – 16.12.2013

Sub: Submission of Application under section 79 of MCS Act 1960.

As per Section 79 (1A) of Maharashtra Co-operative Society Act 1960 within six months from the date of

closure of financial year, all the co-op societies shall compulsorily submit the following Documents to the

concerned Deputy Registrar or to the Authorities appointed by them Relevant Registrar or Authorised

Officer.

A. Annual Report of the Society.

B. Audit Report of the Society.

C. Proposed Plan to invest the balance amount as per the approval of the Annual General Meeting of

Society.

D. List of amendments to be made in the Bye – laws of the Society (if any).

E. Appointed Date of Annual General Meeting or _________ & Affidavit with regard to date of Election of

the Society. E .

F. Any other information required to the Deputy Registrar as per the provisions.

As per section 79 (1B) all the Co-operative Societies from the list of Government approved and

appointed in the General Body Meeting, shall required to submit the name of the Auditor or name of the

Audit Firm, his/her/its written consent to conduct the audit of the society, to the Deputy Registrar within

one month from the date of Annual General Meeting.

As per provisions of Section 79 (1A) & 79 (1B) the detailed document should be submitted as per

following procedures:

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APPLICATION FORM FOR SUBSCRIPTION FORVASAI TALUKA HOUSING SOCIETIES REVIEW MAGAZINE.

VASAI TALUKA CO-OPERATIVE HOUSING FEDERATION LTD.,

VASAI - 401202th

Regd. No. TNA/VSI/GNL/(O)/1453/2011 dated 25 August 2011.

=========================================================================

Date- / / 2014To,The Hon.Secretary,Vasai Taluka Co-op. Housing Federation Ltd.Swagat Bhavan, Near Indian Oil, Opp. MSEB Colony,Station Road, Vasai Road (E) 401 202.

Sir,

I/We hereby apply for the subscription for the VASAI TALUKA HOUSING SOCIETIES REVIEW MAGAZINE which is published by your Federation.

I/We furnish my/our particulars as below :-

1. Name of the subscriber : ----------------------------------------------------------

2. Address in full details of the subscriber : ---------------------------------------------------------- ---------------------------------------------------------- Pin code -----------------------------------------------3. Land mark to reach up to society/house : ---------------------------------------------------------- ---------------------------------------------------------- 4. E-mail ID : ---------------------------------------------------------- 5. Contact no.: - Mob. No ----------------------- Resident---------------------------- Office-----------------

I/We do apply for the above said magazine for one year at Rs. 199/-for 12 monthly issue. The cheque of Rs. 199/- vide cheque no.-------------dated-----------drawn on ---------------------towards magazine subscription starting from-------,2014 to------,2014 is enclosed herewith in the name of Vasai Taluka Co-op.housing Federation Ltd. Kindly deliver the magazine at the above address. Yours faithfully, Name of the subscriber

====================================================================ACKNOWLEDGEMENT

Received the subscription for VTHF Magazine for one year, starting from ------------, 2014 to ------------, 2014. Reference no. ----------------------

Secretary /Authoritory Vasai Taluka Co-op.Housing Federation Ltd.

FORM OF APPLICATION FOR MEMBERSHIP/And Allotment of the

VASAI TALUKA CO-OPERATIVE HOUSING FEDERATION LTD., VASAI - 401202

th Regd. No. TNA/VSI/GNL/(O)/1453/2011 dated 25 August 2011.

Date: ________________________The Hon. Secretary,Vasai Taluka Co-op Housing Federation Ltd.Vasai. Dist : Thane 401 202.

Sir,

We hereby apply for the membership of the THE VASAI TALUKA COOP. HOUSING FEDERATION LTD.,

and for allotment of Ten shares of Rs. 100/- each. We furnish below following particulars in respects

of our society.

1. Name of the society (in Block Letters) : _______________________________________________________________

_______________________________________________________________

2. Registered Address : _______________________________________________________________

_______________________________________________________________

_______________________________________________________________

3. Registration No. and Date if Registration : _______________________________________________________________

4. Location of Land of building of the Society : _______________________________________________________________

5. Total No. of member in a society : _______________________________________________________________

The Bye-Laws of the Federation have been read by us and agreed to be binding on our society.

A copy of the resolution of the managing Committee of the society in this connection and a cheque of

Rs.1600/- being the value of ten shares of Rs.100/- and Entrance Fee Rs.100/- and annual subscription of

Rs 500/- is enclosed herewith.

Yours faithfully

Chairman / Secretary / Treasurer

Co-op. Housing Society Ltd.


Copy of the Resolution of the Meeting of the Managing Committee of the _____________________________________

Co-op. Housing Society Ltd. ___________________________________ held on______________ .____________________________

_______________________________________________ Resolved that the _________________________________Co-op Housing

Society Ltd ________________________________________________________________________

Do apply to THE VASAI TALUKA CO-OP. HOUSING FEDERATION LTD., VASAI and for allotment of TEN

shares of the Federation of the Value of Rs. 100/- each, in the name of the society.

Further resolved that the Chairman / Secretary of the society be and is hereby authorized to sign the

application for membership of the Federation on behalf of the society and to pay the amount of Rs. 1600/-

towards ten shares of Rs. 100/- each. Entrance Fee of Rs. 100/- and Annul Subscription Expenses of Rs.

500/-..

Proposed By : Shri _____________________________________________________________________________________________

Seconded By : Shri _____________________________________________________________________________________________

Carried Unanimously.

TRUE COPY

Chairman / Secretary Society

Co-op. Housing Society Ltd.

DATA SHEET

Name of the Society : ________________________________________________________________________________

Address of the Society : ________________________________________________________________________________ ________________________________________________________________________________

Land Mark to reach Society : ________________________________________________________________________________

Registration No. : ________________________________________________________________________________

No. of Flat : ____________________ No. of Shops : _____________________________________

Name of the Committee Members :

NameDesignation

Chairman

Secretary

Treasurer

Other

Mobile E-mail-ID


BOOK NO.

COSTPRICE

DIS.PRICETITLE OF THE BOOKS

Deemed Conveyance - English

Deemed Conveyance - Marathi

Recovery of Dues

Practical guide on Stamp Duty

Registration of Documents

Registration of Housing Society

Statutory Obligation of Society

Transfer of Flat

Parking Rules & Regulations

Nomination & Will

Burning Issues

Leave & License

Redevelopment - Preparation

Redevelopment - Tender Process

Redevelopment - Documentation

Associate Member - Rights, Duties

Circular of Housing Societies

Rights and Duties of Members

Managers Manual

Minutes Writing

Secretarial Manual

Sinking Funds

Deemed Conveyance - FAQ

Redevelopment - FAQ

Permanent Alternate Acco. Agreement

Bye - Laws English

Bye - Laws Marathi

Housing Manual - Marathi / English

HSG. Societies FAQ - Marathi / English

BS - 02

BS - 02

BS - 03

BS - 04

BS - 05

BS - 06

BS - 07

BS - 08

BS - 09

BS - 10

BS - 11

BS - 12

BS - 13

BS - 14

BS - 15

BS - 18

BS - 19

BS - 21

BS - 22

BS - 24

BS - 26

BS - 29

FAQ - 02

FAQ - 13

BS - 15A

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AVAILABILITY OF BOOKS -0250- 6457596


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VASAI TALUKA CO-OPERATIVE HOUSING FEDERATION LTD.

Swagat Bhavan, Near Indian Oil, Opp. MSEB Colony, Station Road, Vasai (E) 401202 Tel.: 0250-6457585-95 • 0250-2390171/ 2393773/ 74

Editor, Printed, Published & Owned By.: Mr. V. Viswanathan

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b) From 1year to 2yrs. Interest payable @7% p.a.

c) From 2yrs. To 3yrs. Interest payable @ 8% p.a.

d) Above 3yrs Interest payable @ 9% p.a.

MSWA METROPOLITAN CO-OPERATIVE CREDIT SOCIETY LTD.

ESTD-2000

CON -A OT PI L CO RP EDOR ITT E SOM C

A . LW TS D

M

(Regd. No. BOM. (W-R)RSP/CR/9175/2000-2001)