Formation of chs
S K SINHA
(Querist) 09 September 2014
This query is : Resolved
Dear Sir,
WE have 22 flats in our new building. 7 are owned by individuals, one flat each. 2 are owned by one owner.Another 7 flats are owned by a Company(investor), and 6 are owned by another Company(investor). In this case how many promoters are required for formation of Society? According to my understanding there are total 10 promoters only in our case. Can we ignore both investor Companies and form Society. Is it advisable?
Kindly guide,
Warm regds,
S K Sinha
M V Gupta
(Expert) 09 September 2014
According to MOF Act the builder is responsible to act as the Chief Promoter and apply for registering the Society. He must have already collected money from the flat purchasers while entering into the agreement for sale. Pl check. If the builder does not take steps, then only the flat purchasers take action to register the Society. There will be one Chief promoter to be elected by all the flat purchaser promoters. Meeting proceedings should be recorded. CP can apply to the Registrar for registering the Society.The meeting should confer authority on the CP to act for all them for registering the Society; decide on the contributions to be made by the flat purchasers to meet the expenses etc.
S K SINHA
(Querist) 10 September 2014
Thank you Expert Sir,
In our case how many promoter members are needed for formation of CHS? Only 9 flats are with 8 individuals. All other 13 flats are with investor(a Company)
S K Sinha
M V Gupta
(Expert) 11 September 2014
As per MCS Act minimum ten members are required to form a coop Society. All the existing members along with he investor company may apply for registering the Society. But have u first written to the builder to from the Society? what is his reply?
S K SINHA
(Querist) 11 September 2014
Respected Sir,
We took possession in July-Sept 2013. In May 2014, builder sent common electricity/water bills etc to us asking us to take over(gave in writing). We replied in writing and met him to request him continue till Dec,2014, by that time we form Society. He agreed. Thereafter we have purchased form etc and are proceeding. In the agreement he has changed us for forming Society. Now we learn that in all his projects he has done like this only leaving flat owners in lurch.
Sir, your replies are eye-opener. Kindly advise next steps.
Very kind regards,
S K Sinha, Kopakhairane,Navi Mumbai
Retd Regional Manager,
LIC of India
9619059893
M V Gupta
(Expert) 11 September 2014
you better engage services of an Advocate to deal with ur builder and compel him to register the Society.
S K SINHA
(Querist) 11 September 2014
Thank you Sir, Thanks a lot for guidance.
regds,
S K Sinha,
