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To create housing society in madhya pradesh

(Querist) 04 April 2020 This query is : Resolved 
Dear expert my residential building is situated in madhya pradesh consisting 4 floor 17 residential flats of 1 &2 BHK it is 35 years old building and till date it is not registered in housing society now we are facing many problem like security,maintenance,lack of decision making,some flat owners are converting their flat in mini hostel for students, so we flat owner want to get it registered in M.P. Housing Society, kindly assist me what is the procedure to get it registered and what terms and conditions to be incorporate in it. please guide me and if possible kindly share any format if any.
KISHAN DUTT RETD JUDGE (Expert) 04 April 2020
Dear Sir,
The Managing Committee takes care of the affairs of the Housing Society like appointment of service providers, maintenance of Society premises, solving member's grievances, maintenance of books of accounts and taking care of safety and security.

Forming a legal society is of utmost importance. It helps society owners to reap unlimited benefits and maintain smooth functioning. It is mandatory for developers to create societies and provide a final handover to the owners.
kavksatyanarayana (Expert) 04 April 2020
As per me, at least 10 members required to form a housing society. It requires a list of members, with addresses, Name, and objectives of the society for which it has been formed, Collection of funds - share capital, Office bearers and their powers, Admission and retirement of members, Bye-law of the society, etc., There will be formate of Byelaws which can be obtained from the Deputy Registrar of Coop. Societies of your district.
Raj Kumar Makkad (Expert) 05 April 2020
First of all you all are required to finalize the bye-laws of the society in accordance with the provisions as contained in Madhya Pradesh Co-operative Societies Act, 1960 and then get the same registered. It shall be good to engage a local lawyer dealing with such issues so that you may be got benefited.

You may go through the following link for the detailed information:
Rajendra K Goyal (Expert) 05 April 2020
Get model bylaws of the societies, finalise the bylaws based on these. Form society, get it registered. Get help of some local lawyer / person expert in the field. Discuss with nearby societies already in existence.
jaideep (Querist) 05 April 2020
can any one have idea of lawyer who specially handle motor vehicle accident and insurance cases in Indore (m.p.)
Rajendra K Goyal (Expert) 06 April 2020
There are many lawyers, you can visit court site online, find out the lawyers dealing MACT cases. Find out 2-3 lawyers having more cases. Discuss with them and proceed.

Alternately, you can visit court, inquiry in depth, discuss with 2-3 lawyers dealing MACT cases and proceed with most suitable as per your need.
T. Kalaiselvan, Advocate (Expert) 07 April 2020
The right to form a society is now a fundamental right of the citizen (Article 19 of constitution).

First general body meeting (before registration)
In this meeting under Society’s Model Bye-law 3(iii), the Chief Promoter (could be the builder) is primarily selected by the promoters, who are members co-signing the registration application before the Registering Authority, under Bye-law 3(xii).
T. Kalaiselvan, Advocate (Expert) 07 April 2020
The term Builder-Promoter is defined under the Model Bye-law 3(xiii), as a person who constructs the building for the purpose of selling some or all of the flats; and where the land owner gives the development rights of his plot to the builder, the land owner and the builder both will be clubbed under the term Builder-Promoter.

In this meeting, necessary resolutions are passed like opening the account in bank in the name of proposed society and for obtaining permission for reserving the name of the society
T. Kalaiselvan, Advocate (Expert) 07 April 2020
Documents required for registration of Flat owner’s Housing Society:
7/12 extract of the land or property card.
Certificate from the competent authority regarding non-agricultural land
The order regarding applicable/non applicable of land ceiling Act
Construction layout approved by the competent authority
Letter of sanction for starting construction
Certificate regarding completion of construction work
Development Agreement if the land is taken for development
Letter of Power of Attorney of the land
Title search report of the land
The registered agreement of purchases of the flat with necessary stamp duty paid
Architect Certificate regarding construction
List of Members
Scheme of the Society
Application for reserving name
At least ten members are necessary for registration of society. However the government has given permission subject to some conditions for the Housing society of less than 10 members by exercising powers under section 7. For registration proposal, signature of sixty per cent promoters, who participated in the registration proposal are necessary.
If the land is given by the government or undertaking agency of the government then its guarantee letter
No objection certificates from the Charitable Commissioner if the land is of Trust.
Certificate of the competent authority regarding non-agricultural plot
While registering SRA/SRD and MHADA recognized Co-operative Housing Societies, it is obligatory to fulfill the necessary papers as per instructions given by the authorities by their circulars in addition to above criterion.
Application for Registering Society (A form)
Table giving information of society (B Form)
Table giving details of the members (C Form)
Statement of Accounts of the Members (D Form)
Notarized Guarantee letter by the Chief Promoter of the society on the stamp Paper of Rs. 100/-
Notarized Guarantee letter by the Builder, Promoter on the Stamp Paper of Rs. 100/-
Affidavit of Members (Affidavit of Minimum 10 Promoters)
Two copies of bye laws of the Society approved by the Commissioner, Co-operation and Registrar, Co-operative Societies and Maharashtra State, Pune
Proof of the bank balance of the promoter member (deposit of each share of Rs. 500 and admission fee of Rs. 100), after getting permission for reservation in the District Central Co-operative Bank
T. Kalaiselvan, Advocate (Expert) 07 April 2020
It is the duty of the concerned Registrar to register the Co-operative Housing Society, by scrutinizing the proposal submitted after fulfillment of above mentioned documents, and shall make an arrangement of issuing certificate of registration society under Section 9(1) of the Maharashtra Co-operative Society Act 1960, and copy of the registered bye-law, memorandum regarding registration of society to the chief promoter. The order regarding registration of society should have been sent for publishing in government gazette to the Government Printing Press for appropriate action. It is necessary to take decision on the registration of the society within a period of two months from the date of the proposal of the society submitted to the Registrar.

If proposal of society registration is denied or no decision is taken within two months then it is necessary to send that proposal to the Divisional Joint Registrar, Co-operative Societies under section 152 of the Maharashtra Co. operative societies Act, can be approached.
T. Kalaiselvan, Advocate (Expert) 07 April 2020
First General Body Meeting obligatory agenda (after registration):
To elect a Chairman for the meeting
To admit persons to membership who have applied for membership of the society.
To elect a provisional Managing Committee
To receive and approve the statement of account as prepared by the Chief Promoter of the society up to 14 days prior to the first general body meeting of the society.
To authorize the committee to secure conveyance of right title and interest in the property in the name of the society from the promoter builder
To impose restrictions on raising loan amount from outside
To appoint internal auditor and to fix his remuneration
To authorize one of the members of the provisional committee to call the first meeting of the provisional committee
To take decision about taking membership of District Housing Federation and other institutions
To give power to one member of provisional management committee to call meeting of the managing committee
To consider the matters raised by the member except these matters which are necessary for giving advance notice with the permission of chairman and eleventh hour matter and to make resolution in that regard.

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