Your Housing Problems & Solutions
Amended Maharashtra CHS Act
Q: As per the newly amended act of Maharashtra co-operative society, effective from July 2019, a managing committee of a housing society can opt any number of members internally, without re-election to fulfil vacancies, casual or otherwise. Is this now applicable?
A: Due to Assembly election, this cooption of members (and also election of the society having less than 200 members to be conducted by the society itself) was postponed till 01.01.2020.
On 01.01.2020 new Maharashtra Government will form rules and allow to conduct elections by small housing society themselves and also to co-opt members, when some elected member resigns.
Nomination of Flat Q: My mother was a nominee for the flat owned by my father in central suburb of Mumbai. She passed away last year. We are three brothers and now my father wants to put names of all 3 of us as nominee. Can he do this? How does he ensure that property is distributed equally among 3 of us after him?
A: As nominee is passed away, your father's nomination is cancelled. Now he has to make new nomination for his flat. Nomination form is available in the Appendix No. 14 of the Bye-laws book of Co-operative Housing Society. Your father should fill up that form in three copies, put the name of all three sons as equal nominees, and say each one will get 33.33% of the share of his flat.He should then give this nomination form in three copies, with Rs.100/- change of nomination fee, by a crossed cheque in the name of the society. As soon as he gives these three forms, he will be given an acknowledgement of receipt of the change of nomination, immediately by putting society's seal with signature and the date.
Society's Managing Committee in its
next Meeting will pass this change in nomination by your father (nominator).
Then nomination is registered in the nomination registration book by the Managing Committee, and with nomination registration number and date of nomination registration, second copy of nomination form will be given to your father. Third copy of Nomination Paper submitted by your father will remain in society's record. This way your father can nominate his all three sons to become equal ownership of his flat, after his death.
Collection of Documents from Builder Q: We purchased a flat from a builder for project under construction since 2013 for which documents have been registered on 9th Jan 2019. Post registration, builder's agent (who did registration/stamp duty formalities) told us that the original documents will be sent to builder's office after scanning and we can collect these documents from his office. Now builder is not handing over the documents on some pretext or other and is insisting on getting additional money. What can I do to get the original registered documents from the Builder?
A: Do you have xerox copy of the registered document?
If not, go to Sub-Registrar's Office, and apply for Index-2 of your registered document, for which you can just tell your name and name of the builder and the date of registration. You send the notice to the builder that you have Index-2, (the summary form of the registered deed) with you, and you will make complaint against the builder and his agent to MahaRERA and police station for taking the original sale deed and asking for the money to return the original sale deed. If he is not listening or not giving you the sale deed, then make complaint against the builder and his agent for taking the sale deed, with copy of Index2. Ask the police to make a FIR against the builder. If you face any difficulties come with copy of your all the evidences that you have with you at Moneylife Foundation Office on Tuesday, between 4 pm and 7 pm for a free of charge guidance from the expert, after you fix your appointment with him on Tel. 022 4920 5000, between 11 am and 3 pm on Tuesday.