Category: Co-operative Societies

Some of the Offences under IPC Sections common in a Co-operative Housing Society

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J.B.Patel – Jeby, Housing Societies’ Activist, 9820538570

IPC Sections:

323: Voluntarily causing hurt, Non Cognizable, Bailable

Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

324: Voluntarily Causing hurt by dangerous weapons or means Cognizable, Non Bailable

Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

325: Voluntarily Causing Grievous hurt Cognizable, Bailable

Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

336: Wrong Parking Cognizable, Bailable

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

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Recovery of Outstanding Dues from Members

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Attached please find complete procedure to file Recovery Application U/s. 101 of MCS Act, 1960. While on the subject, please also study the comparison between Section 101 & Section 91 of MCS Act, 1960. Any one can qualify to become Recovery Agent after studying the above files. There is no need of any lawyer or any formal education.

J.B.Patel (Jeby)
Housing Societies’ Activist
Mobile: 9820538570
FIGHT FOR YOUR RIGHT !

 

Recovery of Dues Procedure

Case Law

_1__Section_101_vs_91_for_recovery_of_dues

_5__101_-_Defaulters_GR_02.11.2002

_4__101_-_GR_OF_2007_FOR_RECOVERY_Procedure

_3__101_-_Rate_of_fee_payable_on_Recovery_of_dues

Non-occupancy issues in Co-operative Societies

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Check out HEMANT AGARWAL’s Analysis on the following link:

“SERVICE CHARGES IN CO-OPERATIVE SOCIETY”

  • Non-occupancy charges
  • Common services
  • Jurisdiction
  • Criminal Liability of the Society
  • Bachelor Tenants
  • ………and more

http://hemantagarwal21.blogspot.in/?view=sidebar#!/2013/10/service-charges-in-coop-society.html

Hemant Agarwal
Legal Consultants: 9820174108
http://hemantagarwal21.blogspot.in/?view=sidebar

Circulars / GRs pertaining to Leave & Licence

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Documents required for Flat to be sub-let on Leave and License basic

  1. Copy of stamp duty paid and registered Leave & License Agreement
  2. Police Verification
  3. Form No.27 – Appendix – 27 [Under the Bye-law No. 43(2)(i)]
    A form of application for permission to sub-let, give on leave and license or care-taker basis the flat or part thereof     application by member to sub let
  4. Form No.11 signed by sub lettee

  5. NOC FOR SELL OF THE FLAT OR GIVING ON L & L BASIS:

    Please note that there is NO NEED TO OBTAIN FORMAL NOC from the Society either for sell / transfer or leave and license / care taker basis, but only to submit a Notice of intention in the prescribed form no.20(1) along with Consent of the proposed transferee in the prescribed form no. 20(2), as provided in the bye-law no.38(a) AND Notice of Resignation of Membership of the Society in the prescribed form no.13, as provided in the bye-law no.27(1)(a), in case of sell / transfer and, Application for permission to sub-let, give on leave and license or care-taker basis the flat or part thereof, in the prescribed form no.27, as provided in bye-law no.43(2)(i) along with application for Nominal Membership by the sub-letee or licensee or the caretaker or occupant, in the prescribed form no.11, as provided in the bye-law nos. 20 and 43(2)(ii).

    The Society is required to dispose of the application within the prescribed time limit, as provided in bye-law no.65, i.e. maximum period of three months for grant / transfer of membership and has standard New York Sublets rules for one month for subletting.

    If someone follows the above procedure, but, Society does not grant formal permission, still there is no contravention by the member, on the other hand the Society is at fault, as the applicant members becomes deemed member, as provided in section 22(2). The committee shall be liable for administrative action by the Asst./Dy. Registrar, if a complaint is lodged.

    However, even though the NOC is not required for transfer, if such a certificate is required the Society is required to consider application on merit within one month, as per bye-law no.38(d).

    Nominal Membership charges Rs.100

It is advisable and strongly recommended to take blank dated Repossession Letter from the sub lettee while signing the Agreement. Please refer attached files. 

 

J.B.Patel – Jeby

Housing Societies’ Activist

9820538570

PG Success Story by Rajiv Patel

Police Order on Prior Info. before Sub letting 01.09.2012 to 30.10.2012

Occupancy Right In Flat Is Equal To Ownership – SC

Sub-letting etc. of Flats

Eviction order after expiry of Leave and Licence period

Eviction of L & L – Sanwarmal Kejriwa Vs. Vishwa Co-operative Housing Society Ltd.——_Final

Non_Occupancy_charge_on_paying_guest not to exceed 10% of Service Charges

Transfer of Shares to legal heir

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We have a member in our society who has died intestate. She has also not filed her nomination form in favour of any one. She used to stay with her son. Her other children have given an NOC in favour of the son staying with her at the time of her death. Now, the son wants us to transfer the flat in his name. The following 2 questions arise :
  1. Can the Society waive the transfer charges, since the transfer is to a blood relative ? Do the Model Bye-laws allow it ?
  2. Does he have to pay the Stamp Duty for transfer to the Stamp Office ?

MCS Bye Law No 38 (ix)
Transfer Order Dated 26.08.2011 issued by Deputy Registrar M Ward under instruction from Lokshahi Din vide letter B/1035.

Courtesy : J.B.Patel – Jeby, Housing Societies’ Activist, 9829538570

_3__MCS_BYE_LAWS_FOR_TRANSFER_OF_SHARES (1)

_1__TRANSFER_FORMALITIES_FOR_A_FLAT

_4__No_Transfer_Fee_from_a_family_member_-_Malini_Shetty__Munjal_Nnagar_-_by_Dep. Registrar

 

Bye-Law No. 35 will be applicable in this case. The Society will have to give notice in at least 2 local newspaper for the same as per Appendix-16 format. Cost will be recovered from the member. Also an Indemnity bond from the other legal heirs to the Society will be required. Stamp duty is not applicable in this case neither does any premium on transfer fees are applicable. Membership fee of Rs. 100 may still be applicable.
This is not transfer of shares technically. Name of the nominee on the share certificated does not mean he / she is the owner. They are only trustees of the said premises and the ownership rights of the legal heirs are still applicable.
If society is not competent in handling the matter then hiring a lawyer may be a better option. Hope this helps.
Courtesy : Rajesh Thakkar

 

 

Water Seepage Issues – Do’s & Don’ts

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Please find attached document, to prevent water seepage from flats due to bad housekeeping of toilet / washbasin / drain. Few issues based on my own personal experience in our society.
This might be helpful, if circulated to the members of each society.
Request members to share their experience if any.
Regards

Amended Society Law is Full of Dangers

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Caution, Housing Societies! Amended Law is Full of Hidden Dangers

  • Some new provisions threaten the interests of voiceless and vulnerable sections such as aged citizens, troubled spinsters and NRIs.
  • Other new provisions are a big blow to the influential managing committee members and society employees
  • Professionals will gain hugely.

Click Here for the detailed analysis

 

Consent of all flat buyers needed to change plans

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Irrevocable blanket consent taken from flat buyers will not help builders who want to construct additional floors that were not mentioned in original plans at the time of sale, the Bombay high court (HC) has said.
“No such irrevocable consent can be imputed or taken since express previous consent is required to be obtained for all additions and alterations after the plans and specifications (of the building) are disclosed,” said Justice Roshan Dalvi. “No such consent can be expressly given and every (developer) would be required to take express previous consent of all the flat purchasers for all such additional construction… not incorporated in the approved plans.”
The HC upheld a civil court order restraining city-based builder Shah and Modi Developers from adding more floors to Swapnalok building in Malad. Advocate S C Naidu, counsel for the developer, said there was express consent given by the flat buyers at the time of purchase that no permission would be required from them if the developer wanted to make any additional construction and they would not raise any objection.
The judge said that such a clause was “wholly inconsistent with and contrary to legislative mandate” of section 7 of the Maharashtra Ownership of Flats Act. The provision says that a builder has to take the consent of all flat buyers for making any alterations in or additions to the structure of the flats or of the building after plans and specifications are disclosed at the time of sale.
Shah and Modi cited another clause in the agreement which mentioned that the developer can acquire additional construction rights in the form of TDR (transfer of development rights) to add floors. They also pointed to the foundation plan of the building, which showed that it was capable of bearing up to six floors.
But the HC said this did not constitute express consent and the approved plan disclosed at the time of purchase was admittedly up to four floors.
“Upon seeing the lack of consent… a prima facie case for restraint on further construction is made out,” said the HC while dismissing the builder’s plea to vacate a stay on construction from the sixth floor onwards.

For the Times of India story – Click here

For the judgement of the High Court given by Justice Roshan Dalvi – Click Here

IT – Assessment of Real Estate Developers and Members

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A very interesting detailed analysis for Builders and Real Estate Developers including aspects of Taxation for members such as

Liability of Income/Capital Gain Tax, if any, on:-

  1. Additional area in the hands of individual members.
  2. Cash compensation received upon surrender of entitled additional area, in part or in full, by an individual member.
  3. Corpus Money received by the individual members from the Developer in lieu of surrender of part entitlement of FSI/Development rights.
  4. Corpus Money received by the Society from the Developer  and subsequently distributed to its members.
  5. Rent for Temporary Alternative Accommodation including Deposits, if any.

all this, along with important decided case laws

Click Here for the detailed analysis –

http://www.accommodationtimes.com/real-estate-news/course-on-assessment-of-builders-and-real-estate-developers-2/