incorporation of new flat owners

This query is : Resolved 
 

(Querist)
10 February 2019

our is a redevelop society in mumbai.builder has sold some flats after redevelopment.what is the procedure of incorporation & role of registar in incorporation.do the builder has to get some letter from registar for incorporation of new members.whose job is it to complete the formalities whether society or builder.thks


KISHAN DUTT RETD JUDGE (Expert)
11 February 2019

Dear Sir,
It all depends upon the clauses of the redevelopment. Without going through such clauses accurate legal opinion cannot be given.

Please mark “LIKE” if satisfied by my answer.

kavksatyanarayana (Expert)
11 February 2019

The terms and conditions of the society Byelaws have to be verified.

Dr J C Vashista (Expert)
12 February 2019

No new member can be enrolled/ incorporated without due process of MCS Act / Rules and Bye-Law adopted by Society.
Consult a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.

Hemant Agarwal (Expert)
24 February 2019

1. The Redevelopment Agreement with the Society, would be having a built-in clause for Free-Sale Flats and granting Membership to such new Flat Purchasers.

2. Society must take following from Builder and thereafter issue Share Certificate to the new Flat Purchasers:
a) Certified Photocopy of the Sale Agreement
b) Share Money (250/- or 500/-) and Membership Entrance Fees (100/- per owner/joint owner/s)

3. AFTER above, the "subscribed /paidup capital" in the Society's Balance Sheet, should be modified, Audited and thereafter file such Balance Sheet with the Registrar of Coop.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com



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