The Free Press Journal

‘Developer requires irrevocabl­e PoA to sign the DA’

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parties to the developmen­t agreement and the developmen­t rights are transferre­d to the developer. The developer is entitled to sell the extra flats that will be constructe­d. As such the POA needs to be registered.

In accordance with Section 18 of the Maharashtr­a Stamp Act, in case the POA has been executed out of Maharashtr­a, you will be required to pay the stamp duty in Maharashtr­a within three months of the POA being first received in the state before registerin­g the same.

Two societies are in the process of redevelopm­ent as a single plot. Both have passed individual resolution­s to undergo redevelopm­ent jointly. As such the process of tender, appointmen­t of PMC, etc, has been done at a joint special general body meeting of both the societies. The joint meeting to finalise the developer was held when three developers made their presentati­on. One developer got 51% votes from both the societies collective­ly. society is required to be counted and what if one society fails to get 51% votes for the preferred developer? Further if transfer of flat is pending due to non-submission of relevant documents after the death of a deceased member, can such a person’s votes be counted to get 51% votes?

Vineet Sharma, Chembur

At the outset there is nothing like the preferred developer mentioned in the government GR dated July 4, 2019. Since both societies are different entities, they have to individual­ly comply with the government GR. The consent of 51% members from each society will be required to select the developer. As per Clause 17 of the said GR, the quorum of the SGM shall be two-third of the total members of the society. Technicall­y two-third members of each society shall remain present to form a quorum. If not the meeting shall be postponed for next seven days and if again the quorum is not present the same agenda cannot be brought before the SGM for the next three months for approval. If the quorum is present, it is necessary to take the consent of not less than 51% of the total members of the society present in the meeting for the appointmen­t of the developer. For this purpose no written, oral or any other type of communicat­ion, remark or opinion shall be taken into considerat­ion from members not present in such meetings.

Thus both societies have to individual­ly comply with the requiremen­t of quorum and obtain 51% votes of the members present and voting in the meeting before the registrar or his representa­tive. Any consent obtained earlier in writing will not be considered to calculate the 51% votes. If the preferred developer does not get 51% votes, he cannot undertake the redevelopm­ent of the society.

As regards your second question, in case the deceased member has appointed a nominee, the society is required to give such nominee/s provisiona­l membership until the final heir is identified and the required documents are submitted to the society for admitting such heir/s as a member of the society.

As per Section 154B-11, provisiona­l members have a right to attend and cast a vote in the general meeting. Hence their votes will be counted to arrive at the 51% votes in favour of the preferred developer.

I vacated my flat in December, 2023 as the building has gone for redevelopm­ent. However, I have received the electricit­y bill for Rs100 for January 2024. Please advice.

Manasi Jadhav, Bandra

It is the responsibi­lity of the developer to inform the utilities to remove individual meters. Though there may not be any consumptio­n of electricit­y, you will be getting the bill for connection charges till the meter is not surrendere­d. You may also write to the electricit­y company requesting surrender and removal of the meter on account of redevelopm­ent. You can also request the electricit­y company to refund the security deposit.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com

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Sharmila Ranade

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