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Why society must adopt new model bye-laws

Saturday, April 28, 2018
By Ramesh S. Prabhu

Q. Is the adoption of new model bye-laws compulsory for housing societies? What are the consequences of these bye-laws not being adopted?
A.
Yes. Every society need to adopt the new model bye-laws. The amendments carried out in the Maharashtra Co-operative Societies Act, 1960, Rules, 1961 and government notification is not updated in the old bye-laws. There will be many differences in the amended Act and the old bye-laws of the society. The members will get confused. Therefore, it is recommended that every society adopt the new model bye-laws.

Q.When the Registering Authority does not have legality, what is the use of Registering Documents. When is only Identification of parties are taken into account?
A.
As per section 17 of the Registration Act, 1908, certain documents have to be compulsorily registered to give the public notice about the registration of the documents affecting the transaction. Any person who wants to do the transaction should verify from the sub-registrar office about any transaction which has been done in respect of the subject property. If the registrar is authorised to verify the title of the documents, the rival parties may find it difficult to demand justice in the court of law. Therefore, the sub-registrar is given authority only to get the identity of the persons who are executing the documents and then register the documents without verifying its contents and legality of the documents. 

Q.A purchaser booked a flat before Real Estate (Regulation and Development) Act, 2016 (RERA) and has Allotment Letter, but has not come forward to register the Agreement. Since the builder doesn’t want to lose that Customer, can he charge any penalty?
A.
It is the duty of the both the developer and the allotees to get the agreement registered after receiving more than 10% of the agreed price. If the customer pays more than 10% of the flat and he wants to withdraw from the project and wants to get the interest and other compensation for delay, RERA does not have any provision to compensate or order for refund. Only the customers who have registered the agreement for sale can get their refund under RERA for any delay in handing over the possession. Therefore, in the interest of the allottees also, they should get their agreement registered on making more than 10% of the purchaser price to get protection under RERA.

Q.A nomination was made and accepted by the chairman with signature and society seal. But, the same was not registered in the nomination register. Is the nomination valid?
A.
When the nomination forms are submitted to the office bearers and the same is acknowledged by such officer bearers or the society managers, it is considered to be valid. The nomination does not become invalid, if the same is not recorded by the managing Committee in its minutes or not recorded in the nomination registers. These are the duties to be performed by the office bearers on receipt of such nomination. Non performance by  the office bearers cannot be held against the legitimate nominee who has the duly acknowledged nomination form as per the registered bye laws of the society.

Q.There are 6 CTS numbers among one particular society. Is 100% commercial development restricted CTS wise or may it be decided by society based on available land?
A.
In one land having many CTS numbers or say 6 CTS numbers, all CTS numbers should be used by the society for the commercial use to get the commercial FSI benefit in the new Development Control Rules 2034 as proposed at present.  One CTS number is not sufficient to get five (5) FSI when there are other parts of the land having other CTS numbers in the same layout.

(Ramesh S. Prabhu is Chairman,  Maharashtra Societies Welfare Association)

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