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Sayed Maqsood Ahmed   01 March 2024

payment of Rs.3000 for the deemed conveyance from housing society's members

Dear learned advocates,

Our MC demanded from all members to pay Rs. 3000/- for the deemed conveyance contribution as per the AGM. TIll date only 10% (30 members only) members have paid their contribution. The MC says that they can not process further until a minimum 80% of members have contributed. Post the collection, we have to take SGM to decide the selection of lawyers as per the decision in the AGM. This process is getting delayed due to the non collection of amounts from the remaining members.

I would like to know if the MC IS legally bound to collect the above contribution with reference to any existing bye laws of the Maharashtra Cooperative Housing Society Act 196o.

your valuable immediate legal views would be most welcome

Regards


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

Deemed conveyance is a legal remedy available to cooperative housing societies in Maharashtra that have not received the conveyance deed from the developer. A conveyance deed is a legal document that transfers the ownership of land to a cooperative housing society from a developer.

It is statutory obligation on the Promoter/Landowner to execute a Deed of Conveyance in favour of Housing Society within prescribe period and if he fails to comply with the provision, the Society can file a suit in the Civil Court and obtain a decree against the Promoter.

Sayed Maqsood Ahmed   01 March 2024

Many thanks sir. My question is can MC of a Co-operative Housing Society demand Rs.3000 from each member towards legal charges to finalize the deemed conveyance deed Kindky respond with legal references Thanks in advance Best regards

T. Kalaiselvan, Advocate (Advocate)     02 March 2024

There's no provision in law authorizing the MC to demand the amount what they are asking now.

If they cite any bylaw in this connection,  you can challenge the same if in case it appears to be arbitrary in nature. 


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