Society Formation
Society Formation
What is Cooperative Housing Society Registration?
A society, which has as its object of the promotion of the economic interests or general welfare of its members, or of the general public, in accordance with co-operative principles, or a society established with the thing of facilitating the operations of any such society could also be registered under the Act 1963 and, Rule 8 of Rules 1964.
A co-operative society is that the perfect fit a residential building as flat-owners have common needs like watchmen, water connection, etc. and interests like maintenance of common areas, like the compound and terrace. If you’ve purchased a flat during a new building, it might probably be best if you took interest in forming a society. The builder can also be statutorily obliged to make a society. For instance, under the Maharashtra Flat Ownership Act, 1963, a builder must form a society within four months of selling 60% of the flats.
Societyrights.com makes Housing Society registration easy for Society Members & Builders. We handles all legal processes related to Society or Apartment Registration for Society Formation and Society or Apartment handover. We also provide Township consultancy and Society handover consultancy. Our unique process of Society Registration and Handover helps society members and builders fulfil their legal commitments.
On the other hand, the government has given permission subject to some conditions for the Housing society of fewer than 10 members by exercising powers. For registration proposals, the signature of 60% promoters, who participated within the registration proposal is important.
If the land is given by the govt. or undertaking agency of the govt. then its guarantee letter.
No objection certificates from the Charitable Commissioner if the land is of Trust.
Certificate of the competent authority regarding non-agricultural plot while registering SRA/SRD and MHADA recognized Co-operative Housing Societies. It’s obligatory to satisfy the required papers as per instructions are given by the authorities by their circulars additionally to above criterion.
- Application for Registering Society (A form)
- Table giving information of society (B Form)
- Table giving details of the members (C Form)
- Statement of Accounts of the Members (D Form)
- Notarized Guarantee letter by the Chief Promoter of the society on the stamp Paper of Rs. 100/-
- Affidavit of Members (Affidavit of Minimum 10 Promoters)
- Two copies of bye-laws of the Society approved by the Commissioner, Cooperation and Registrar, Co-operative Societies and Maharashtra State, Pune
- Proof of the bank balance of the promoter member (deposit of every share of Rs. 500 and entrance fee of Rs. 100), after getting permission for reservation within the District Central Co-operative Bank
- Challan of Rs. 2500/- deposited within the Government Treasury Registration fee for the Housing Society of the Backward class is Rs. 50/-
The name reservation proposal should be accompanied with the society resolutions and signatures of at least 10 Promoters who have attended the meeting. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the society is registered or its registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit registration proposal to the registering authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed society.
If builder/promoter is not co-operating in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the District Deputy Registrar, who has been given power under section 10(1) of the Maharashtra Ownership Flats Act 1963. While submitting the said proposal, a Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200 is required.
Co-operative Housing Society Registration needs 51 % of the Promoters to form Co-op. Housing Society. Society Registration can be done with or without the help of Builder. Time required: with Builder’s co-operation 6 months and Without Builder’s co-operation 12 to 18 months
*Procedure for Society Formation In AR Office*
- Application
- Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society.
- Application form “A”
- Information in Annexure “A” “B” “C”
- Bye-Law of the Society
- Details of Accounts – Annexure “D”
- Agreement to sale/Sale deed of any one Flat owner
- Sanction/approved building or project Plan
- C / C.C (Optional)
- Promoter Guarantee in form “Y”
- Builder Guarantee in form “Z”
- 7/12 or City Survey Revenue Record of Land [not more than 3 month old]
- NA Certificate / ULC 2 copy
- Scheme
- Advocate Search Report / Title Certificate
- Architect
- Architect Certificate etc.
Documents required for Housing Society Registration
- 7/12 extract of the land or property card.
- Certificate concerning non-agricultural land from the competent authority.
- The order of applicable or non-applicable of land ceiling Act.
- Construction layout duly approved by the competent authority.
- Letter of sanction for starting construction.
- Certificate regarding completion of construction work.
- Development Agreement if the land is taken for development.
- Letter of Power of Attorney of the land.
- Title search report of the land.
- The registered agreement of purchases of the flat with necessary stamp tax paid.
- Architect Certificate regarding construction.
- List of Member.
- Scheme of the Society.
- Application for reserving name.
- At least 10 members are necessary for registration of society.