CIRCULAR ON TRANSFER OF FLAT
CIRCULAR
ON TRANSFER OF FLAT
CIRCULAR ISSUED BY COMMISSIONER OF CO-OPERATION
Regarding Registration of
Agreement between the Flat Holder and the Purchaser at the time of transfer of
flat
Housing/D-3/Stamp
Duty/96 Dated 8th July, 1996.
Office of
the Commissioner for
Co-operation
& Registrar Co-operative Societies,
Maharashtra
State,
PUNE-1
Sub: Precautions to be taken before Registering
Co-operative Housing Societies.
Ref: Circular of this office dated 18-2-1996
CIRCULAR
Attention
of the Registering Authorities is invited to the circular dated 18-12-1994
issued by this office.
Following
revised directions are being issued in respect of the directions mentioned in
that circular. These revised directions are to be followed and ensured that
registration of Co-operative Housing Societies does not remain pending.
1.
Regarding
the Sale Agreement of a flat in a Cooperative Housing Society.
This
office learns from a number of complaints received, that the Registering
Authorities have stopped registering Co-operative Housing Societies, in
response to the directions issued by this Office vide its circular dated
18-2-1994, that Co-operative Housing Societies should not be registered under
the Co-operative Societies Act, before making payment of requisite Stamp Duty
and also before registering the Sale Agreement, entered into between the
Builder and the Flat holder. The Builders/Promoters appear to be taking
disadvantage of this direction by not initiating any action to register the
Co-operative Housing Societies, so that they should not be required to pay the
Stamp Duty, already paid by the Flat holders to them. This, they are doing to
enable them to use maximum available FSI.
In most
cases, the office of sub-registrar issues receipts with the remark “pending for
fixing market value”, even after payment of Stamp Duty. Similarly, the original
Document is returned after prolonged time, after registering the same. Now
there is no objection to register a Co-operative Housing Society, if the
Promoters produced receipts in respect of payment of Stamp Duty and
Registration Fee, as per the Sale Agreement.
The
concerned Registering Authorities should give information in this respect to
the Stamp Officers of the respective districts, so that these Stamp officers
will recover the necessary Stamp Duty from the concerned flat holders. Taking
all these directions into consideration, Co-operative Housing Societies may be
registered if all the conditions are complied with, by producing receipts of
submission of documents (Agreement Deed/Sale Deed), to the Registering
Authorities, along with registration proposals. Registration of Co-operative
Housing Societies should not be kept in abeyance till the final settlement of
Stamp Duty.
2.
Regarding
Registration of Agreement between the Flat holder and the Purchaser at the time
of transfer of a flat in a Co-operative Housing Society.
There are
directions in the Circular dated 18-2-1994, issued by this office not to effect
transfer of flat, till the Sale Deed is registered. Accordingly, it has come to
the notice of this Office that in some cases, transfer of flats has been kept
in abeyance. In this respect, revised directions are being issued that, the
Managing Committee of a Co-operative Housing Society should approve transfer of
flat, provided, evidence in the form of Receipt is produced along with the
transfer proposal and the transfer documents (Agreement Deed) has been
submitted to the Registering Authority and also evidence as regards payment of
Stamp Duty and such other conditions are complied with.
Sd/-
RATNAKAR KULKARNI
Commissioner for Cooperation and Registrar of
Cooperative Societies, Maharashtra State, PUNE-1
APPENDIX 9.2
GOVERNMENT
OF MAHARASHTRA
No. SAGRUYO-2001/PRA.KRA.188/14-SA
Co-operation and Textile Department.
Mantralaya, Mumbai-32
Dt. 9th August, 2001.
Reg : Circular of Commissioner, Co-operation and Registrar, Co-operative
Societies, Maharashtra State, Pune No. Housing/Gala/Tabil/Fee 79. Date :
27-11-1979
.
Whereas the Commissioner,
Co-operation and Registrar, Co-operative Societies, Maharashtra State, Pune has
approved the model bye laws prepared for
co-operative housing societies dt.2-7-2001
and power to determine maximum rate of the premium to be charged while
transferring flat/gala in the co-operative housing societies are given to the
Co-operation and Textile department of the state government as mentioned under
bye-law No. 38 (E) 9 of the model bye- laws, And
Whereas the Commissioner,
Co-operation and Registrar, Co-operative Societies, Maharashtra State, Pune has
fixed the rate of premium vide their circular No. Housing/Gala Transfer/fee
89/dt. 27-11-1189 and since it is necessary that the state government should
have issued orders in that regard by repealing the said circular in present
situation, the government has decided to issue proper orders regarding charging
premium while transferring flat/gala in the co-operative housing societies,
therefore,
By exercising the powers conferred
to the state Government under Section 79 A of the Maharashtra Co-operative
Societies Act 1960, the government is pleased to issue following order for the
larger public interest in the state.
1.
The
circular no Housing/gala transfer/fee 89 dt. 27-11-1989 of Commissioner, Co-operation
and Registrar, Co-operative Societies, Maharashtra State is hereby repealed.
2.
The
rate of the premium to be charged while transferring flat/gala of the member in
the Co-operative housing societies and his share in capital/property of the
society should be determined by the general body meeting of the society.
However, the premium rate determined by the general body of the society should
not be more than maximum rate shown below in area should not be more than
maximum rate.
Areas Rate
of the premium
Municipal
Corporation Rs.
25,000/-
and Development
Authorities
‘A’ Class Municipalities Rs. 20,000/-
‘B’ grade Municipalities Rs. 15,000/-
‘C’ grade Municipalities Rs.
10,000/-
Gram Panchayat (Rural Sector) Rs. 5,000/-
The said Order came into force
immediately.
By order and in the name of the
Governor of Maharashtra.
sd/-
(Vasant
Poreddiver)
Dy .
Secretary, Govt. of Maharashtra
Co-operation
& Textile.
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