Welcome to ChsGuru’s Answers:
What is the procedure
for removing old auditor
and appointing
new auditor of a CHS?
Narayan. Bhide.
Dombivli East – 421 201.
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A Statutory
Audit has to be appointed
every year in the AGM.
To change the old
Auditor you will have to pass a resolution
in the General
body meeting.
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Dear Sir, I wish
to know if there is any legal
way to both flats and take
it under the society,
so that buildings
inner and outer maintenance
can be carried out. Both these flats
are locked since the past
ten
years. Thank you.
Simon Anthony.
Kalyan East – 421 306.
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What we understand
from your query
is that the said
flats are closed since 10
years, you want to carry repairs
& whereabouts of the owner are not known. You
need to follow a certain
process under the law before Open/ Break locks of the flats,
which involve passing
a resolution in GB,
approaching Local
Police station for panchnama for carrying
out the required repairs,
take help of Co-operative
Advocate. You can consult our Attorney.
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Dear Sir, We book under construction
flat in march 2010 and made agreement
in June 2010 for the agreement
value of Rs. 1025000/-. Builder gave us possession
and hand
over society on Aug.2011. Now the builder
demanding
us the service
tax and vat
amount to each member. But when I
search on internet I found that the service
tax is exemption when agreement value is below
20L. So please give us the guidance.
Kiran. Patil.
Raut Chawl, Badlapur (West)
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With
effect
from 1st July, 2010 a person booking
the flat under construction
has been subjected to Service
tax in respect of the services provided by the builder
on or after Dt. 1/7/2010. The Service
Tax is payable by him if the flat
is booked in a residential complex having more than 12 flats.
Further the low-cost
housing segment (property worth less than Rs. 20 lakh) is exempt
from service tax when the same
is rendered as part of Jawaharlal
Nehru national Urban Renewal Mission (JNNURM) and Rajiv
Awaas Yojana as per Notification No. 28/2010 dated: 22nd June
2010.
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In Mumbai,
the sale of a flat is governed by Maharashtra
Ownership of Flat Act (MoFA)
1963. The model agreement is recommended under the act for
drafting the 'Agreement
for Sale'. What if the agreement
is not drafted as per MoFA and is not taking care
of the interest
of buyers? Where
can we seek recourse/lodge
complaints, if developers are drafting a biased agreement
favoring them and imposing
stringent one-sided conditions
on buyers? Is there a system to check that agreements
drafted by developers
are two sided?
Mr. Anil. Sane., Mulund West.
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You
have the option not to accept the one-sided
agreement. You can write to the CCI
providing information about the abuse of the dominant position
by the builder and his imposing
unfair conditions
or price. During the course of inquiry,
the Commission can
pass an interim order restraining the builder from continuing with
anti-competitive
agreement or abuse of dominant
position.
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I have bought a 3BHK
flat on the sixth
floor of the apartment.
The building is of seven
floors. After initiating the deal, I learned that the builder has
not yet received Occupation
Certificate for 5th, 6th and 7th floor although
it is approved in the sanction
plan by Municipal
Council. That is the reason the builder has not been able to create
the Society. What
could be the reason
for not getting the Occupation
Certificate for these floors? What are the consequences?
What action can we take against the builder?
Mrs. S. D. Sawant.
Sion, Mumbai – 400 022.
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The
Occupancy
Certificate is a very important
document. It evidences the
completion of the building as per the approved
plan and compliance of local laws. Local bodies like
city corporations/ city
municipalities issue occupancy
certificates. You should send a legal
notice to the builder.
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NO AGM HAS BEEN
HELD BY MY SOCIETY FOR THE LAST TWO YEARS
I have purchased a flat about 2 years back in a society at Santacruz (East) and ever since the so called committee has not held an AGM for the last 2 years and not furnished the accounts, though the maintenance charges are being collected regularly. Please guide what action we, a few members, can take against the committee, even if we are in minority?
Shri. Nitin Lalan.
Kalina Village, Santacruz (E),
Mumbai.
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The AGM
has to be held on or before 14th
August of each year or within the maximum
extended period of six
months as per Section
75 of the Maharashtra
Co-operative Societies Act and the annual report of the managing
committee with the statement of the accounts
etc. have to be circulated
in the general
body meeting. In case of failure, the matter may be taken up with
the Office of the Registrar
of the Co-operative
societies for necessary
action.
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We are five brothers and sisters, surviving out of
total nine children to our parents. I am the single nominee of the
Co-operative Housing Society flat. We all want to form a private Trust. Will
this immoveable property into a newly formed Trust invite any stamp duty? Can
only five of us surviving children together form a trust by giving indemnity
bond for other expired legal heirs?
Jiten. Bhatt., A.K. Marg.
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The
property shall be shared by “the
surviving Legal Heirs” only. First, form a Trust and then bring the
property into its fold.
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Sushil. Rawat., Kandivali.
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If
insertion of name is to be done in the Agreement, you need to apply to the
Seller (builder/promoter) for this. Every builder has his own set of rules.
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Shri. O.P. Nair., Malad.
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The Builder
never responds to society’s letters, your building is more than 30 years old,
you have some balance FSI & you also want to go for redevelopment. Start
following process immediately: Send Legal Notice to the builder through
Advocate practicing in this field, Start the process of Deemed Conveyance, If
the Builder resort in pressurizing tactics file a case against him in
Consumer Court, meanwhile take care of the property. You cannot use FSI till
date you obtain conveyance of the property in society’s name. You can consult
our Attorney.
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Mr. Sudhir. Naik. Mulund.
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Why is the
society not making you a member? Do you have some dues pending? Why not sit
and talk with the society? If the society is still adamant, take Help of
Co-operative Advocate, issue a Legal Notice & proceed for deemed
membership immediately. Why are you ignoring this for over 10 years, in
absence of membership your title to the Flat is not clear.
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