The Free Press Journal

Your Housing Problems & Solutions

- Answers provided by experts of Moneylife Foundation.

Q: The residentia­l building in which I stay consists of two buildings and the ground floor consists of 25 shops. The society is 20 years old. Above the shops and in between the two buildings the builder has built a flat for himself and showed the same in the plan. According to the builder he built the flat because he had extra FSI left. But according to my understand­ing the space between two buildings belongs to the society's refuge area. Now the builder has taken a NOC from the society to sell the flat. What can an ordinary society member like me do in such a case. Kindly guide. A: You have not stated where your society's building is located. Assuming the building is in Mumbai, building plans of your society's buildings will be available in the Property Tax Department, or Building and Factory Department, or Water works department, of your BMC ward Office.

If it is not available, then ask your BMC ward Office, address of Building Proposal Department, where this plan is surely available. If you are not in Mumbai area, then only change in the last step of above procedure, instead of the Building Proposal Department, you should go to the Town Planning Department of that Municipali­ty. Rest of the places are the same, to do a search of the building plan.

After you acquire the building plan, see whether said flat of the builder between two buildings of your society is legal or not. If you are not able to read the building plan yourself, then you can take help of an architect.

You can also get this building plan by filing an RTI applicatio­n to the office, where this plan is available, at any one of the places as stated above. Selling Old Flat without Original Sale Deed Q: In order to keep my query confidenti­al I have avoided use of names. I purchased a flat in CHS in 2008 from X and the society had given an NOC to X to sell the flat to me. X had purchased the said flat in 1981 from Y and the society welcomed X as a member having purchased from Y. Society was registered in 1981. Society issued the membership certificat­e to X in 1982 and later endorsed my name on the backside of the share certificat­e in 2008. There are only two buyers' names on the share certificat­e. Building plan was approved in 1978. The agreement between Y and his seller is not traceable. I gave a newspaper notice in 2008 and no objections were received. Now when I sell the flat after getting NOC from the Society will there be any problems?

A: For any flat in a CHS, if a agreement is registered, then by doing search of the registered agreement in the Office of Sub-Registrar of Assurances, (an office where all sale deeds are registered), you can get the certified copy of this sale deed between Y and his seller. Find the sale deed between Y and his seller, which must be before the year 1981. Fill the Form-4, available with the Sub-registrar of Assurances Office, in which, you will write years, from 1981 to 1975 (builder might have sold the flat before coming up of the building.), write Y as buyer and address of the flat.

In this search, after one month in the office of Sub-Registrar of Assurances, you will get the registrati­on number, of the Sale Deed of the buyer, with seller's name, when Y was buyer of the flat.

With that registrati­on number, by filling Form-2, you can get Index-2 of that Sale Deed. By filling Form3, you will get a certified copy of the Sale Deed of the seller and Y, then he was the buyer of that flat. Minimum Members Required for AGM Q: An AGM meeting was conducted in my building with just 4 members (out of which 3 members were managing committee members) and various issues were discussed. I wanted to know whether an AGM with 4 members present is legally valid or should it have been postponed to a further date. Please advise. A: For any General Body Meeting, minimum quorum is 20% of the flat owners. If your society has only 20 flats, then 4 is the minimum quorum of your CHS, which is in order. If you have more than 20 flats in the society, then this meeting is invalid. In this case, you make a complaint to the Deputy Registrar of Co-operative Societies of your area, against irregulari­ties in conducting the General Body Meeting of the Society.

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