Month: January 2013

Aadhaar for NRIs

yazdiLeave a comment

Very recently there was an announcement from the Central Government that the NRI (non resident Indians) will also be issued Aadhaar card which was earlier known as Unique Identification card or UID. This card is being put forth as a national identity and will carry a unique sixteen digit number affiliated to each individual Earlier, the provision of Aadhar card was only for the Indian residents. But now, keeping in view the connection of NRI with the country. the government has added a special provision of issuing this card to the non resident Indians as well The specialty of an Aadhar card is that the number given is connected to the centralized data base. This data base includes biometric demographic and other relevant information. which is necessary for identifying a person.

Click Here for more details

Housing society matters

yazdi1 Comment

HOUSING SOCIETY MATTERS – 16.01.2013 – Volume I – Issue No.VIII Dt.16.01.2013

Contents :

  1. Addresses of various offices of the Joint Sub Registrar of Assurances in Mumbai with their timings
  2. Matters related to redevelopment. Always advisable to file case for conveyance before Consumer Courts and Metropolitan Magistrates
  3. How to pay money to Builder while purchasing a flat – Model Agreement
  4. Co-operative Society and Criminal Law
  5. Scrutiny Sheet for a Consumer Complaint filed before the District Consumer Disputes Redressal Forum
  6. What to do if Builder not executing Conveyance and complying with Statutory Obligations
  7. Redevelopment Tips

Click Here to read Housing Society Information 16.01.13

Courtesy : Hema Vinod Sampat

 

 

Coca-Cola’s New Misinformation Campaign

yazdi1 Comment

Coca-Cola Rolling Out New Misinformation Campaign to “Combat Obesity”

A new Coca-Cola ad campaign that encourages people to come together to fight obesity is drawing fire from consumer advocates and obesity experts.1, 2

Coke says it’s trying to make consumers more aware of the healthy choice beverages Coke makes; critics say Coke is simply doing damage control.

There can be no doubt that soda is one of the primary beverages responsible for skyrocketing obesity rates. As Dr. Sanjay Gupta told CNN:3

“…the scientific community has …reached a consensus that soft drinks are the one food or beverage that’s been demonstrated to cause weight gain and obesity. And if we’re going to deal with this obesity epidemic, that’s the place to start.”

Granted, no one is forcing anyone to drink them, but there simply has not been enough public education about the dangers of excessive fructose consumption. In fact, the industry has fought tooth and nail to minimize or flat out deny these health dangers, very similar to the tobacco industry denying the risk of lung cancer..

Evidence of just how behind-the-times Coca-Cola is, their brand new multi-million dollar campaign focuses on the sentiment that:

“…beating obesity will take action by all of us, based on one simple, common-sense fact: All calories count, no matter where they come from. …And if you eat and drink more calories than you burn off, you’ll gain weight.”4

This “conventional wisdom” has been firmly debunked by science. Not all calories count equally. And the “calories in, calories out” hypothesis for maintaining weight has equally been shown to be incorrect. It is in fact FAR more important to look at the source of the calories than counting them.

Click Here for the full detailed analysis

Housing society’s NOC not required to sell, buy flat: Lawyers

yazdi4 Comments

“Society by-laws have no force of law and therefore a housing society’s NOC does not matter or required while selling or purchasing a flat,” renowned advocate Vinod Sampat said.

The statement assumes significance in the light of the recent episode of alleged religious profiling involving Emran Hashmi who claimed that a housing society in the posh Pali Hill area in the city has denied him NOC for flat ownership because he is a Muslim.

Citing a case study, Sampat said, “Supreme Court has held in ‘Kejariwal vs Vishwa Housing Society’ case that society cannot stop a member from selling or renting out a flat to anybody.”

Click Here for the news item from Zee News

Courtesy : Dilip Shah

New BMC Property Tax Rules

yazdi5 Comments

Dear Friends

Find below the details of

New BMC Property Tax- Bills/Notices- Rules, hidden in “News and Events” on MCGM Website

  1. There is a change over in the system of MCGM tax/property tax from Rateable Value system to Capital Value system. This is with effect from 1st April, 2010 retrospectively.
  2. MCGM is sending Special Notices to owners of all buildings/properties i.e. Co-operative Housing Societies as well landlords of buildings. Most of the owners have received the said notice. As per the Notice, the tax payers can file objections within 21 days to any of the particulars of property like built up area, factors, categories, capital values, etc.
  3. The Notice states that -“for details of the factors and categories of users of buildings and weightage by multiplication to be assigned to- please refer to MCGM website- www.mcgm.gov.in. (A Sample Notice is attached herewith).
  4. The MCGM website shows the Rules for Fixing Capital Value of Lands and Buildings which contains such critical information for calculation of capital value of buildings/flats and the tax payable in the section called “News and Events” and as such is not easy to locate. The said Rules which provide details of the factors and categories of users of buildings, nature and type of building, age factor, floor factor and weightage by multiplication to be assigned thereto and also the tax rate are very important for all citizens for calculating the tax payable. Therefore, the Final Rules should be posted prominently on MCGM website under a separate and specific heading. (Final Rules are attached herewith).
  5. It is also desirable to post on the MCGM website the main BMC Act and particularly the Amending Act (effecting change in the tax system) as there are references to various sections of the Act in the Special Notice as well as the Rules.
  6. The Notice also states that “For details of Zone, Subzone, and base values, please refer to the Stamp Duty Ready Reckoner of the year 2010”. Since the market value (called base value) of the properties is as per the Stamp Duty Ready Reckoner (SDRR), the complete SDRR of the year 2010 should also be posted on the MCGM website for ready reference. This is very important as the entire new tax system is based upon SDRR and without its ready and easy availability a tax payer cannot have the complete picture regarding his tax payment responsibility.
  7. The said Special Notices are being sent by the MCGM to landlords, housing societies etc. It is possible that the landlords or the Society officials may not circulate copies to the tenants and the members who are important stake holders in the matter. It would be hence desirable that the MCGM issues an advisory or direction to the owners/addressees of the Special Notices to circulate them to all the occupants in the building to enable them to send their comments and objections, if any, to the MCGM in time. This will save a lot of potential disputes and litigations which can unnecessarily jeopardize the new tax system.
  8. The 21 days time given for response/objections is not at all adequate. The MCGM has  taken  good 3 years to set the new tax regime in motion but has given only 3 weeks to respond to the Notice and all the property facts and the parameters stated in the attachments. It is suggested that the time should be extended at least to 60 days.
  9. The change over in the system for levy of BMC tax/property tax impacts all citizens of  Mumbai. Therefore, the entire process has to be transparent and citizens should not be compelled to run from pillar to post.

Thanks and regards
For JANHIT MANCH

Utsal Karani

Hon Secretary

(9324991030)

Final rules fixing capital value of buildings

002

Types of membership of Co-operative Societies

yazdi5 Comments

There are 4 types of membership in the co-operative housing societies

as per the directive to be given to all co-operative Housing Societies in the Maharashtra State Under section 79 (A) of the Maharashtra Co-operative Societies Act, 1960.

In respect of applying Co-operative Housing Societies Manual, Government of Maharashtra No. SAGRUYO-2011/PRA.KRA. 360/14-SA, Co operation, Marketing and Textile Department,

Date 15th October, 2011

CHAPTER 3

3.1 Member

Types of membership

There are 4 types of membership in the co-operative housing societies as under:

 

A) Original Member:

• Original member means an individual / society, trust, company whose name is included by the society in registration case or admitted as a member of the society after registration. Only such original members name is recorded on the share certificate. In case there are other members along with the original member, the name of the original member is recorded on Sr. No.1. Other members’ name recorded thereafter serially.

 

B) Associate Member / Co-Member:

• Associate member means a person who holds jointly a share of the society with original member but his name does not stand first in the share certificate. In case of more than one associate members, such associate members’ names are recorded in the share certificate in the serial order number 3, 4, 5, etc.

• Rights of the Associate Members: Since more than one person made payment of the cost price in the purchase deed of flat in co-operative housing society, they gets ownership rights.

• Even though there is not mentioned the name as a owner in the purchase deed, the Associate Membership can get by paying only admission fee and with the consent of the original member. In the absence of original member and with his consent associate member can attend the annual general body meeting, the associate member can take part in the election as a voter/ candidate. In case the associate member gets elected as a committee member, he becomes office bearer also. A person, who became an Associate member by paying only admission fee, shall not get any rights in voting or election behalf the original member. It is necessary for the Associate member that his share/name is included in the ownership of property for holding share jointly.

C) Nominal Member:

• Nominal member means a person admitted to membership as such and registration in accordance with the bye-laws of the society. Share certificates are not issued any. Nominal members are admitted so that necessary legal actions can be initiated u/s 91 of MCS Act, 1961. Only a Sublette, a licensee or care-taker or occupant of the flats is admitted as a nominal member.

 

D) Sympathizer Member :

• Sympathizer member means a person who sympathizes with the objects of the society and is admitted to the society as such.

 

In case of Co-Operative Housing societies promoted under the authorities like MHADA, SRD and SRA, the persons whose name appears as eligible persons in Annexure II only becomes the member of that society and the house provided by such Authorities given on ownership will remain in the name of original member for the period of ten years and that cannot be transferred also. Therefore, only whose name appears in Annexure II they only expected to take part in the election. Therefore, the provisions of associate members have been excluded in case of SRA/SRD and MHADA societies.

• If a shop owner is a flat owner in the co-operative housing society, then it is compulsory that to become the member of the society. In case such shop owners do not come forward to become the members of the society, the same can be informed to the Deputy Registrar who shall inform the shop owners to become the member of the society.

• If the benefits of common amenities created by the members of the society are taking by the shop owner/flat owner without being the member of the society, then society can take decision on its level regarding not providing such benefits/services to the shop owner/flat owner.

• The above rights are not available to the nominal and sympathizer members.

• Even after giving the membership form and the Managing Committee has accepted such membership, one can be considered to be member and can exercise the rights of the membership only after paying the necessary fee towards the membership. Thus even if the membership is granted by the committee, the person cannot exercise his rights of membership unless the required fee is paid to the society.

• In a co-operative housing society, if a member is holding more than one flats, during election such member can cast only one vote. In spite of owning any number of flats, the person can apply for only one share and also becomes only one membership statutorily, therefore, he get right to cast only one vote.

 

Minor Member:

• Minor member cannot enter into any contract. Therefore, all the contracts on his behalf is done through his guardian. After attaining the maturity, the minor member can take objections against transactions regarding sale of flat done by his parents/ guardian statutorily.

• The societies should not transfer the flats which is in the name of a minor member and the transaction of which is done through the Guardian unless and until, an order from the Competent Court is produced approving such transaction. The society should start the procedure only after taking proper legal advice in this matter.

 

Corporate Membership:

• A firm, company or any other body corporate can become the members of the society. However, as per the Government Resolution, more than 50% of total membership cannot be given to the firms and the company.

• It is binding to make provision in the constitution/rules of the firm or company to make provision for making available of residential places for their employee/officers.

• The firm or the company should not carry out the business which is against the objects of the society.

• The firm or the company should have objective of providing houses to its employees in its memorandum of association or articles association.

• There should be a provision in the Memorandum and Article of association of the company that they can invest their funds for purchase of the flats/ shops. It is compulsory for firm or the company to take the membership of the society. The management of the society or committee shall consist of not more than one fourth members of the firms and companies and the remaining shall be from the individual

members and such provision shall be made in the bye-laws of the society. According to the constitution of firm or company, the firm or company with provision of making available of residential place to its employee/officers, such company or firm should have to give guarantee letter to the society regarding giving details of the changes that took place time to time in the name of the concerned employee/officer and giving monthly contribution of the society. Similarly should nominate those who are going to take part in the working of the society behalf the concerned employee/officer.

Courtesy :  J.B. Patel – Jeby  –  Housing Societies’ Activist

Are you being haunted for past dues? Read this!

yazdiLeave a comment

Open this on your web browser 

“Have you received calls to pay up past dues on credit cards that have long been closed or forgotten? Are you being threatened to pay up hugely inflated amounts under threat to report you a defaulter? If the answer is yes, you may want to pause and seek expert counselling before rushing to settle the dues.”

The guidance is FREE, IMPARTIAL and CONFIDENTIAL from senior bankers!
Help is just a phone call away!

Disha Financial Counselling is a not-for-profit organisation set up by ICICI Bank as part of a Reserve Bank of India mandated initiative to help and guide investors. The counselling is especially important to those who do not know how to resolve credit card difficulties or repair credit records or to understand why their applications for loans are being rejected.
If you know of anyone who needs help and guidance with respect to financial matters, please guide them to call us and take advantage of this unique, free and safe counselling service.
Moneylife Foundation has tied up with Disha Financial Counselling to provide this counselling at the Moneylife Knowledge Centre, Shivaji Park, Mumbai.
One-on-one counselling on financial issues
every Wednesday and Friday from 2:30pm to 5:30pm
at the Moneylife Foundation office.
Please call or email us to set up an appointment.
Since these will be confidential, prior confirmation is a must.
Call (022) 49205000 or email mail@moneylife.in or
visit www.foundation.moneylife.in
Venue: 305, 3rd floor, Hind Service Industries Premises,
Off Veer Savarkar Marg, Shivaji Park, Dadar, Mumbai 400028.
Landmark: Chaithyabhoomi lane, behind Tamnak Thai restaurant.
moneylifefoundation

Download Registered Property transactions

yazdiLeave a comment

You can now download Registered Property documents by visiting igrmaharashtra.gov.in  Please click on eSearch facility on the left. (Be sure to use Internet Explorer and not Chrome or Mozilla for best results.) This will provide a unique Document id. You can then go to download document, enter that id and then click on Download. The time taken to download the document will be less than 30 minutes.

This new facility has been initiated for 14 of the 23 registrar’s offices in Mumbai. This is a free service for about a week – after that it will be chargeable. The data is available from 2002 to 2011

Special Drive for Deemed Conveyance

yazdi8 Comments

Special Drive for Deemed Conveyance

 

The Maharashtra Ownership Flats Act, 1983, provides for Conveyance of the Titles of the land by the developers to the Co-operative Housing Societies within four months of their formation. At present, the Co-operative Housing Societies have to depend fully upon the developers for getting the benefits of additional FSI, redevelopment of buildings, etc. till conveyance of the land to them.

The State Government has decided to undertake a special drive from 15th December, 2012 to 30th June, 2013 with a view to confer upon the Co-operative Housing Societies the legal right of land from the developers. You have to apply in the prescribed pro-forma for Deemed Conveyance to the office of the concerned District Deputy Registrar, Co-operative Societies and Competent Authority of your area. He would pass appropriate orders after due hearing to all interested parties and issue conveyance certificate.

Once a Co-operative Society submits the certificate regarding Deemed Conveyance for registration with the respective Sub-Registrar (Stamps), necessary action would be taken for registration of the certificate of conveyance. Upon registration of the conveyance you have to approach concerned Revenue / City Survey Officer to make a mutation entry and issue property card in the name of Housing Society.

It is my sincere endeavor to see that the ownership title of the land to all the Co-operative Housing Societies in Maharashtra in conferred as a part of this special drive. ‘The building belongs to the Society; so does the land under the building’. Therefore, I appeal to all Co-operative Housing Societies to actively participate in this special drive and make it a grand success.

The Government Resolutions and Circulars relating to Deemed Conveyance are available on State Government’s website http://housing.maharashtra.gov.in

Yours Sincerely,

Prithviraj Chavan

Chief Minister, Maharashtra