I am from Pune, Maharashtra. We want to form society instead of apartment. But our flat registration mentiones clause that builder(developer) will form apartment and Purchaser(we) will not opose him and give the docs required. At that time we did not paid much attention but it seems problems for us now.
In this case is it possible for us to form society as builder is trying to form apartment.
Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779
As per the section 10 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 as soon as a minimum number of persons required to form a Co-operative society or a company have taken flats, the promoter shall within the prescribed period submit an application to the Registrar for registration of the organization of persons who take the flats as a co-operative society or, as the case may be, as a company; and the promoter shall join, in respect of the flats which have not been taken, in such application for membership of a co-operative society or as the case may be, of a company.
Provided that, if the promoter fails within the prescribed period to submit an application to the Registrar for registration of society in the manner provided in the Maharashtra Co-operative Societies Act, 1960, the Competent Authority may, upon receiving an application from the persons who have taken flats from the said promoter, direct the District Deputy Registrar, Deputy Registrar or, as the case may be, Assistant Registrar concerned, to register the society
There is also obligation cast upon promoter to execute the documents of title and convey to the co-operative society or the company or an association of flat purchasers/apartment owners, right, title and interest in the land and building by virtue of Section 11.
If the promoter fails to execute the conveyance in favour of the co-operative society formed under Section 10 or, as the case may be, the company or the association of apartment owners, as provided by sub- section (1), within the prescribed period, the members of such co-operative society or, as the case may be, the company or the association of apartment owners may, make an application, in writing, to the concerned Competent Authority accompanied by the true copies of the registered agreements for sale, executed with the promoter by each individual member of the society or the company or the association, who have purchased the flats and all other relevant documents (including the occupation certificate, if any), for issuing a certificate that such society, or as the case may be, company or association, is entitled to have an unilateral deemed conveyance, executed in their favour and to have it registered.
Advocate High court Bombay Trained mediator 91-9869617090 9594255075
find from registration department if builder has registered any document/ affidavit conveying title of land to apartment and if there exists, then no way.
however, if no such document is registered and possession of premises is handed over to purchasers, you form co-operative society and give notice in writing to builder for conveying property in favour of society and if he refuses, approach to court.
For your info we already have started scoiety formation process though Pune DDR office. However We filed case in DDR office on 26-Feb and DDR office sent notice to builder on 7-Mar which reached to him on 10-Mar.
On the same day(10-Mar) he started apartment formation process(i.e. Deed of declaration). Afterward he got sign from 4 members in the period 13 to 25-Mar for deed of apartment. We are 17 peoples fighting for society formation.
in any way we started process earlier thank builder.
Considering all these facts What do you think our case is stronger or not...
what is the status of your society formation. we are in a similar situation.
We have filed for society formation with DDR , Maha Govt in 2013. We had many hearings with DDR Mah Govt, builder and many exchange of letters and have hearings. DDR told builder to form Society but Builder formed and Apartment Condominium in 2016 with 5 flat owners. How do we get the Apartment Condominium cancelled ? What is the best steps?