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Anil Agrawal (Retired)     27 April 2009


 Sec.41 of Maharashtra Coop Societies Act, 1960, clearly states that Section 117 of Indian Registration Act does not apply to registration of flats in CHS. Even Inspector general of registration of Maharashtra has posted this information on its website with the rider that registration is not compulsory in a REGISTERED CHS. Then under what law after stamp duty is paid on sale/purchase of flats, we are forced to register the agreement for sale?

 1 Replies

Rajendran Nallusamy (Advocate)     30 April 2009

Necessity of registering a document if a person agrees to transfer his right, title or interest in a premises purchased from an owner / promoter / developer to another person before the society is formed It is advisable to get an agreement registered in these circumstances.

Necessity of Registration of an agreement to transfer a flat after the registration of a co-operative society the purchasers of various premises become members and shareholders of such a society, and as such the members are thereby governed under the provisions of The Maharashtra Co operative Societies Act,1960. 

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