By Accommodation Times News Services It is the responsibility of the chief promoter to call the first general body meeting with a fourteen days notice. The first meeting should be held within three months from the date of registration ofd the society. The function of the first general body meeting are as under : (i) […]
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First Annual General Meeting
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Condition for corporation Bodies for Membership of a Society
By Accommodation Times News Services A Firm, Company or Other Body Corporate, registered any Law for the time being in force, and which is eligible for the membership of a society shall comply with the following conditions:-1.It has sent a agreement entered into by it with the Promoter Builder under section 4 of the Maharashtra […]
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Dispute Resolutions in Housing Societies
By Accommodation Times News Services Co-operative movement was initially sponsored by the state. Apart from the public sector and the private sector, Co-operative sector has now come into existence. The Co-operative sector has the benefit of both the public sector as well as private sector. One of the principles distinguishing the Co-operative sector from the […]
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Society’s dues not recoverable after three years
By Accommodation Times News Services By Vinod Sampat, Advocate If a member is in default and if recovery proceedings are initiated against him, then the provisions of the law of limitation will be applicable. The implication of the judgement, delivered by Bombay High Court on 7th October 2003 in the case of “Versova Gardens […]
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Transfer fee taxable – Tribunal
By Accommodation Times News Services In the case of M/s. Walkeshwar Triveni Co-op. Housing Society Ltd., Mumbai versus Income Tax appellate Tribunal, Mumbai Bench (Special Bench) held that amount received by the society from the transferor is not eligible to tax, Whereas the amount received from the Transferee is eligible to tax. The transfer fee […]
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No Stamp Duty on transfer to nominee
By Accommodation Times News Services Stamp duty is not applicable in case of Transfer of flat in Co-operative Housing Society in the name of the nominee after the demise of the original owner. It doesn’t matter whether the deceased member had made a n WILL or not. In case of legal heirs, there is no […]
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Note on taxability of the transfer fees
By Accommodation Times News Services By Vimal Punmiya, Chartered Accountant The importance of society has been increased from last 25 years ever since there has been growing needs of an urban community necessitating its accommodation in proximity to cities and towns, due to restrictions under various rent legislation’s. The concept of co-operative society in the sector […]
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Absolute ownership of the society in respect of land and building of the society and the member having mere right of occupation.
By Accommodation Times News Services The theory that the society is an absolute owner of the land and building including the open spaces and that it can therefore do anything on the basis of its ownership property is not absolute theory adversely affecting the rights of its members who are co-partner tenant members of the […]
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Leakage repairs to be done by society
By Accommodation Times News Services Monsoon brings many problems including leakages and crakes to the society’s buildings. Newly introduced Model Bye-Law gives society the responsibility to repair leakages. The following repairs and maintainance of the property of the society shall be carried out by the society at its cost : a) (i) all internal roads […]
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Sub-Letting not permissible except under the society permission
By Accommodation Times News Services By S R Agarwal, Advocate A mother may, apply to the society of his intention of sub-letting of his flat and on receipt of the permission in writing of the Committee, sub-let or give on leave and licence basis or care-taker basis his flat or part thereof or part with […]
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Investment of Surplus Fund:
By Accommodation Times News Services Section 70 of the Act and Rule No.66 of M.S.C.S. Act prescribe that the surplus funds belonging to the society should be invested in the following manner. 1) In Central or State Co-operative Bank. 2) In any of the Securities specified in Section 20 of Indian Trust Act, 1982. 3) […]
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Bombay High Court confirms expulsion of defaulter members
By Accommodation Times News Services The Bombay High Court refused to entertain a petition challenging the expulsion of two members of Ganga Estate Co-operative Housing Society Ltd., Sion Trombay Road, Chembur Mumbai – 400071. Granting no relief, Justice D.K. Deshmukh disposed of the petition holding that the challenge to the impunged orders of expulsion passed […]
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Societies cannot charge bills on flat size
By Accommodation Times News Services The maintenance bills by co-operative housing societies cannot be charged on the basis of area of the flat. The size does not make more or less the services availed by the member. It is sensible to charge the maintenance bills equally from members of the society, rules Bombay High Court, […]
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REPAIR PERMISSIONS (M.C.G.M. Jurisdiction)
By Accommodation Times News Services BY: SUDHAKAR DOKHANE, (Past President PEATA (I) In earlier two chapters, the information on i) Why Building deteriorates and become weak and ii) Maintenance of Structures with Do’s & Dont’s, is provided. It is also necessary to know regarding the nature of Repairs and […]
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Registration formalities of Nominations in housing society
By Accommodation Times News Services The name and address of every person nominated for he purposes of sub-section (1) of section 30 and any revocation or variations of such nomination shall be entered in the register kept under rule 32. Section 30 of the M.C.S. Act. – It is very clear on the plain reading […]
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Society can prevent the member from carrying out the structural alterations without consent
By Accommodation Times News Services Registered Bye-laws of the Society – Society can prevent the member from carrying out the structural alterations without its consent “But in the case, noticed that the regulations are described as Form ‘A’ annexed to Schedule 4 and the said Schedule 4, it can be seen, are manifestly part and […]
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Supreme Court enables Housing societies to suspend members in case of violation of bye-laws
By Accommodation Times News Services New Delhi: Cooperative housing societies can expel a member for owning more than one property as acquiring concessional government land cannot be a ruse to accumulate wealth, the Supreme Court has ruled. The Apex Court bench of Justices Mukundakam Sharma and A R Dave in their judgement have observed that […]
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Car Parking Cannot be Sold or Purchased : Violation will contempt the Supreme Court
By Accommodation Times News Services It is also applicable to Purchaser. Bare Judgement : Verbatim : In Supreme Court of India CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2544 OF 2010 Nahalchand Laloochand Pvt. Ltd. ………….. Appellant Versus Panchali Co-operative Housing Society Ltd. ………….. Respondent WITH CIVIL APPEAL NO. 2545 OF 2010 CIVIL APPEAL NO. 2546 […]
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Expulsion of a Member in a housing society
By Accommodation Times News Services EXPULSION OF A MEMBER A member may be expelled from the membership of the Society if such a member. i. Has persistently dialed to pay the charge to the society. ii. Has will fully deceived the Society by giving false information. iii. Has used his flat for immoral purposes or […]
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Precautions to be taken while purchasing a terrace flat
By Accommodation Times News Services By Advocate Vinod Sampat Please peruse the approved original building plan. check that there is a unambiguous (clear – cut) accessibility of the terrace from your flat only. The terrace should not have access from the common staircase of the Building. This is one of the most important step to […]
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