By Accommodation Times News Services Though the news is old but in a case of an argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities, a bench of Justices A K Patnaik and […]
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Builders can not sell stilt parking areas – Supreme Court
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FAQs on Sale of flat in Co.op.Hsg.Society in Maharashtra
By Accommodation Times News Services Q.1. For sale of shares and flat in a Co-operative Housing Society, is it necessary to enter into any written Agreement by and between a member and the intending Purchaser ? Under the Contract Act there can be an oral agreement which is not in writing. Such an oral Agreement […]
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Appointment of Auditors of Co-operative Societies
By Accommodation Times News Services According to the section 81(1) as it stood prior to amendment of 1985, the Registrar of Co-operative Societies had the power of appointing the auditors for the audit of all Co-operative Societies in Maharashtra State. Now as per the amendment, Section 81(1) has been sub-divided as 81(1)(a) and 81(1)(b). According […]
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Policy of allotment of parking spaces and suits
By Accommodation Times News Services What Society Bye-law says . 79.(a) Member may hold Parking Space/stilt if he has purchased the same and he shall have a right to sell the same to transferee or other eligible member of the same society. (b) The allotment of Parking Space/stilts shall be made by the Committee on […]
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Consideration for permission to use TDR / FSI not chargeable to tax: ITAT Mumbai
By Accommodation Times News Services The assessee co-op housing society gave permission to a developer to construct 2 floors and 8 flats on the building belonging to the society by using the TDR / FSI available to the developer. In consideration, the developer paid Rs. 26 lakhs to the assessee and Rs. 66 lakhs to […]
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Meetings and Minutes writting in CHS
By Accommodation Times News Services MEETINGS & MINUTES WRITING OF CO-OPERATIVE HOUSING SOCIETIES A) FIRST GENERAL MEETING 1. The first general meeting of the promoters who have signed the applications for registration of the society shall be held within the period of three months of the date of the registration of the society as provided under rule 59 of […]
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No Capital Gain Tax On Housing Society Redevelopment
By Accommodation Times News Services Kushal K. Bangia vs. ITO (ITAT Mumbai) – In principle, though the scope of “income” in s. 2(24) is very wide, a capital receipt is not chargeable to tax as income unless there is a specific provision to that effect. As the residential flat owned by the assessee in the […]
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Condominium V/s Society
By Accommodation Times News Services The concept of condominium is gaining ground in Mumbai, thanks to the over complicated working and administration of co-operative housing societies. Majority of housing societies in the city and suburbs have problems in management and daily squirmishes between the members and office bearers. The whoopingly corrupt ward offices of joint […]
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Levy of Charges in Housing Societies
By Accommodation Times News Services The contribution to be collected from the members of the society towards outgoing and establishment of its funds, referred to in this bye-laws as ‘the charges’ may be in relation to the following: (i) Property taxes, (ii) Water Charges, (iii) Common Electricity Charges,(iv) Contribution to Repairs and Maintenance Fund, (v) […]
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One Flat, One Vote For Cooperative Housing Societies: Supreme Court
B y Accommodation Times News Services Can the bye-laws of a co-operative housing society curtail the voting rights of different members of a holding separate flats in the building? No, says the supreme court: it’s one flat, one vote. The multi-flat family problem has cropped up in scores of housing societies throughout India where different […]
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Powers and Duties of Associate Member in Housing Society
By Accommodation Times News Services By Aadvocate Vinod Sampat 1. Of late, the Federation has been receiving a number of enquiries from co-operative housing societies, seeking clarification, whether an associate member enjoys any of the rights of a member of the Society and if so, what are they. Enquiries are also directed to the Federation […]
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Society has to pay for seeping terrace to flat owner: DCDRF
By Accommodation Times News Services Now flat owners could take sigh of relief as an Andheri (E) society has got an order from District Consumer Disputes Redressal Forum (DCDRF) to pay Rs. 3.35L to its member for leaking terrace. As Suresh Kumar whose roof top flats terrace has severely damaged due to seepage. The Mumbai […]
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When your Housing Society’s Managing Committee does not give you documents, what to do?
By Accommodation Times News Services By J B Patel Quite often, the managing committee of your co-operative housing society refuses to give you crucial documents or information. This happens when you have a dispute with the society. How to get those documents? I recommend four steps: 1) MAKE APPLICATION TO THE SOCIETY UNDER MAHARASHTRA […]
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Non-Occupancy charges received by Housing society not taxable
By Accommodation Times News Services Assessee has challenged the addition of Rs.30,914/- made by the Assessing Officer on account of non-occupancy charges as income from the business not covered under the principles of “mutuality”. Learned AR submitted that the assessee’s case is covered by the decision of the ITAT Mumbai Bench passed in ITA No.6325/Mum/06 […]
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Obstructing Redevelopment Comes with a Cost
Accommodation Times News Services By Mr. Avikshit Moral and Ms. Almitra Gupta, Juris Corp Land in Mumbai is one of the scarcestresources today. This is one of the reasons why the city is growing horizontally. Given the limited resources, redevelopment of co-operative housing societies in Mumbai has been a subject of great interest for the […]
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Expenses for the lift has to be shared by all the members of Housing Society
By Accommodation Times News Services Mr. S.B.Bhinde a shopkeeper and full fledged member of Housing Co-operative Society has written to me to know whether a society can now all of a sudden recover lift charges when especially he has not paid for the same for the last 14 years. Mr. Bhinde. Writes that the Society […]
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Societies cannot charge bills on flat size
By Accommodation Times News Services The new guideline of BMC which includes Flower Beds, Lift wells etc in carpet area will not effect the society bills. By Staff Reporter 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 […]
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No Capital Gain Tax On Society Redevelopment
By Accommodation Times News Services Kushal K. Bangia vs. ITO (ITAT Mumbai) – In principle, though the scope of “income” in s. 2(24) is very wide, a capital receipt is not chargeable to tax as income unless there is a specific provision to that effect. As the residential flat owned by the assessee in the […]
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What are the powers , duties and functions of managing committee in housing society?
By Accommodation Times News Services Subject to the directions given or regulation made in the meeting of the General Body of the society, the committee shall exercise all powers expressly conferred on it and discharge all functions entrusted to it including:- To consider acceptance of deposit and raising of loans {Bye-Laws No. 11} To consider […]
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Residential Property Registration Process
Accommodation Times News Services By Advocate Vijay Singh As per the Law, one cannot own a property if he has not registered under section 49 of the Indian Registration Act, 1908. A certificate of Registration is the proof that a document has been registered; it is not proof that it has been executed. A property […]
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