Is registered agreement compulsory between society & members

This query is : Resolved 
 

(Querist)
30 July 2012

I am planning to buy a flat in a co-op society which has only paid stamp duty on the land. They have no agreement made between society and its members. Can I purchase a flat in such society?


ajay sethi (Expert)
Click to Talk
30 July 2012

agreement must be between builder and members . builder must have executed conveyance in favour of society . contact a local lawyer

Sudeep (Querist)
30 July 2012

Basically the society members themselves got the land in an high court order, and constructed the building themselves. So there is no builder in this while scenario. Now what the members have with them is LOA, Share Certificate, Provisional Possesion Letter, Stamp Duty document paid for the land. Apart from this there is no particular agreement between members and the society in particular. Now what I want to know is, if i need to buy a flat in this society, what all documents should I ask for ? Are these sufficient documents and enough for validity.

Sudeep (Querist)
30 July 2012

The society comes under SRA as it has documents from SRA too. Applied for OC, has commencement certificate.

prabhakar singh (Expert)
30 July 2012

What do you mean by SRA ??
"the Societies Registration Act 1860 or some thing else"

If yes then what ever belongs to it can not be subject of a sale to any individual.It is a voluntary non profit organization popularly we call them NGOs.

My advise is not to go for any buy here.

Sudeep (Querist)
30 July 2012

NO by SRA I mean, Slum Rehab Authority.

prabhakar singh (Expert)
30 July 2012

And by O C?

Sudeep (Querist)
30 July 2012

Occupancy Certificate

prabhakar singh (Expert)
30 July 2012

Then you need to inquire about any clog on title under terms of rehabilitation.Often a ban is put on sale or a pre permission is required for the same,and its absence may render the transaction void.
Inquire with SRA office,look into the grant,the High Courts order;and even better go in touch of a local lawyer.
TAKE CARE :
If it is in Maharashtra,then there is an Act called "The Slum Rehabilitation Act 1995"and there might be rules framed under that Act,which all needed to be gone through before any authentic reply.

Sudeep (Querist)
01 August 2012

To Ajay Sethi Sir,

Sir, The society has paid stamp duty on the land. It got the land through high court order. Constructed the building on its own. Now please tell me does a agreement need to be done between members and the society and does it need to be registered and is the stamp duty to be paid. Do we come under Amnesty scheme ? My in laws are planning to buy a flat in the same society, but since as original members we do not have any agreement between us and the society, we are wondering whether it is needed to be done or not. Let me know in case I need to share the details of the society and other details. As original members of the society we have been LOA, Provisional Posession Letter and Share certificate.

ajay sethi (Expert)
Click to Talk
01 August 2012

if societ members have come together and constructed building what basis were flats alloted to members?

actually without going through the complete papers wont be in a position to advise .

mere allotment letter wont be sufficent . there has to be an agreement duly stamped and regd .

dont purchase any further flat without consulting a local lawyer

Sudeep (Querist)
01 August 2012

Actually initially it was to be done by a builder. But since there was a fight with the builder, members formed a society. Went to high court and through an high court order, the society got the land. The society has also paid stamp duty on the land. After that the society has not done any agreement, nor paid any stamp duty. The members are from IIT, Bombay faculties and staff. The society name is IIT Mumbai Employees Co-operative Housing Society also called Vijay Vihar.

Sudeep (Querist)
01 August 2012

Also to be noted that the Land was covered by SRA. Is it necessary for all co-operative societies to have an agreement and register the same and pay the stamp duty? Or are there some societies which are exempted ?

Sudeep (Querist)
01 August 2012

Sir, could you also tell the law provision under which registration of flat allotted in open plot society to member is exempted ?



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