Respected sir / Madam,
Our Unregistered Housing society Ground + 2 (Plot size 3125 sq.ft.) FSI used 1 : 1 , is situated at Andheri (West), MUMBAI and was constructed in the year 1983. There are 8 flats and 1 shop total 9 members in our society. Builder / developer ( Mr. Chunawala) acquired a plot from Mrs.Pereira (Land Owner) and constructed a building after obtaining approval from municipal authorities. One side of the compound wall not yet constructed and builder left society without fulfilling formalities for registration of society.
Now builder do not co-operate any more. Even though the financial strength of the members is not so well, all of them have registered and paid upto date stamp duty of their individual flats. We are planning for deemed conveyance, but it is not possible as our society not yet registered. We are not able to register our Housing society as the condition of required minimum no. of 10 members can not be fulfilled. Also we do not have most of the documents like OC,CC, ULC, NA plot order, agreement between land owner and developer etc…
The list of documents that we have is given below
- Copy of Property Card (In the name Land Owner Mrs. Pereira)
- Search Report dated 30/08/1980
Smt. Pereira ( Land Owner) ---> B. K. Appa ---> Mr. Chunawala (Builder)
3. Xerox copy of agreement of current society members duly registered and stamp duty paid.
4. Copy of approved building plan by municipal authirity.
5 .Property Tax bill in the name of land Owner (Mrs. Pereria)
6. Electricity bill in the name builder (Mr. Chunawala)
7.Name reservation letter received from Registrar of society in the year 1986, but no follow up or further formalities were completed by builder.
As I searched on net, under provision of section 6 and 7 of MCS act, 1960 by applying and taking approval of Government a society can be registered with less than 10 members.
When we approached to lawyer, he demanded Rs. 2.5 lakh for registration of the society and fees for deemed conveyance will be an extra cost. He told us that most of the money will be paid under the table to govt authorities to obtain required documents Like CC, ULC, NA plot order etc. as well as to get approval for registering with less than 10 members.
It seems like doing the legal business in illegal manner.
Keeping in view the above circumstance I would like to put my queries as under.
- When we approached to Municipal authority / City Survey Office for requirement of documents like OC,CC, ULC, NA lot order etc, they refused us stating that we are not legal owner of the plot and application can not be accepted. In such case how the lawyers will get those documents on be half of us ?
- AS a member of the society am I eligible to apply to Municipal Authority to obtain OC, CC, ULC, NA plot order under RTI Act? Will they provide me the necessary orders / documents ?
- Which concerned Government authority / department we are supposed to approach to obtain approval for registering with less than 10 member ?
- What should be the lawyers fees excluding the amount of bribe to be paid to govt authorities ?