Circular - To take precaution for pre registration of Co-operative Housing society. Dated 8th July, 1996

Circular - To take precaution for pre registration of Co-operative Housing society. Dated 8th July, 1996

O. No./Housing/D-3/ Stamp duty/96

Office of the Commissioner, Co-operation and Registrar,
Co-operative Societies, Maharashtra State, Pune-1
Date: 8th July 1996.

Sub :- To take precaution for pre registration of Co-operative Housing
society.
Ref :- This office circular No SAM. dt 18-02-1994

Circular:

Attention of the zonal officers are invited to the under reference circular dt 18-02-1994 on the subject mentioned above.

Amended instructions as below regarding matters mentioned in the said circular are being issued. Precaution should be taken that registration of the Housing societies would not be pending by observing the said instructions.

1. Regarding registration of purchase deed of the flat in Housing Society. It is noticed from the several complaints received in this office that the zonal officers have stopped registration of some Housing societies in respect of the instructions given by this office in circular dt. 18-02-1994 that without registering agreement between builder and flat owner, the society should not be registered under the Maharashtra Co-Operative Societies Act.
   The builder and promoter are taking unfair advantage of such situation. Even the flat holder given the stamp duty to builder, the builder did not want to pay it to the government and for maximum utilisation of available F S I, the builders are not taking necessary action for registration of co-operative society. In many cases, even after paying stamp duty, the receipt is given by the office of the Sub-Registrar with remarks that pending for determining the market rate. Similarly after registration of the document the original document is returned after long period. Therefore it doesn’t matter to make registration after paying stamp duty and registration fee as per agreement and receipt of it submitted by the promoter. Similarly concerned Registrar should inform in this regard to the Collector of Stamps duty of that district, so that the collector of stamp duty can make recovery of necessary stamp duty. By considering these matters, if the documents regarding flats (agreement/ purchase deeds) and receipts of registration are submitted and all other conditions are fulfilled then the society should be registered. Registration of the housing society should not be kept pending till final valuation of stamp duty.
   Regarding registration of agreement between flat owner and purchaser while transferring the flat in Co-operative Housing society under circular of this office dt 18-02-1994, instructions are given that if purchase deed was not registered, flat and membership transfer should not be made. It has come to notice thereby that in some cases transfer has been kept pending with the transfer proposals. In this regard it is hereby given amended instructions that, if evidence/ receipt regarding submitting documents of transfer with other transfer proposal and if evidence of stamp duty paid is shown and similarly other conditions of transfer of membership are fulfilled then the managing committee of the society should give sanction to such transference.

Sd/

(Ratnakar Kulkarni)
Commissioner, Co operative Registrar,
Co-operative Societies, Maharashtra state, Pune- 1