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Whatsapp Faq From V.Viswanathan

ABOUT V.VISWANATHAN V. Viswanathan is a practicing housing society consulant for the last 1 and 1/2 decades. His interest in sharing knowledge has always taken him to higher heights in his chosen specialized practice in the area of Housing societies. He has authored co-authored nearly 20 books on various issues of Housing society functioning like conveyance, transfer of flat, parking, repairing, collection of dues, income tax, service tax for housing societies. He is a regular faculty with number of Instititutes, Non Government Organisations throughout Maharashtra,

Regular speaker and contributor in various leading news papers on the subject of stamp duty, registration, conveyance, co-operative Audit, Management of Housing Societies, Rules, Bye-laws. He has delivered talks in number of Clubs, seminars, and many NGOS, programs organized by Co-operative Department, Revenue Department, Housing Departments of Maharashtra Government. *********************** QW/VV/001/30.07.2015 If the office of Depty.Registrar Societies does not respond to R.AD.application under RTI.within stipulated time frame, to whom to make an appeal? Answer by V.VISWANATHAN The officer below the deputy registrar in vasai is the PIO (principle information officer) and deputy registrar is the appellate authority *********************** QW/VV/002/30.07.2015 Vasai-Virar municipality corp come on which Category of municipalties? what is the maximum transfer premium can be collected by society on flat transfer/sale from the buyer in case if purchased a falt in the vasai-virar belt? Answer by V.VISWANATHAN The VVCMC falls under the "A" municipal category and therefore the maximum transfer premium to be charged is Rs. 25,000/ *********************** QW/VV/003/30.07.2015 If some member gift his own flat to someone his relatives Is Transfer premium is payable by him. Answer by V.VISWANATHAN If the transfer is done to family member as defined in the circular / act then no transfer premium to be charged *********************** QW/VV/004/30.07.2015 Sir at present we are charging maintenance as per flat rate for all shops & flats. Can we start charging maintenance as per sg.ft going forward. If change is possible under which rule it comes so we can inform members accordingly backed with some act or rule.

Answer by V.VISWANATHAN You have to charge maintenance equally to all flat and shop owners. No deviation possible. Atleast in near future I don't think any changes possible in this . Not allowed at all . Period *********************** QW/VV/005/30.07.2015 Shailesh oza frm ashokvan vasant karishma 9860295691 my qst is if the flat owner does not pay maintence for long time say two to three years then what is the action to be taken to get due maintence Answer by V.VISWANATHAN File a case before the deputy registrar under section 101 of the MCS act *********************** QW/VV/006/30.07.2015 Whether Balance Sheet is to be submitted to Dy. Registrar, Vasai before AGM or after AGM ? And whether submission is responsibility of Society or Auditor ? Answer by V.VISWANATHAN As per section 81(5A) of the amended MCS act 2013 the onus is on the auditor to submit the report to deputy registrar within one month from the date of audit but in any case for the AGM *********************** QW/VV/007/30.07.2015 Is it necessary to inform registrar regarding AGM, ??? Answer by V.VISWANATHAN There is no onus casted on the society to inform the registrar about AGM however as a prudent practice to inform the registrar *********************** QW/VV/008/30.07.2015 Whether Balance Sheet is to be submitted to Dy. Registrar, Vasai before AGM or after AGM ? And whether submission is responsibility of Society or Auditor ? Answer by V.VISWANATHAN As per section 81(5A) of the amended MCS act 2013 the onus is on the auditor to submit the report to deputy registrar within one month from the date of audit but in any case for the AGM ***********************

QW/VV/09/31.07.2015 Whether Balance Sheet is to be submitted to Dy. Registrar, Vasai before AGM or after AGM ? And whether subm ission is responsibility of Society or Auditor ? Answer by V.VISWANATHAN As per section 81(5A) of the amended MCS act 2013 the onus is on the auditor to submit the report to deputy registrar within one month from the date of audit but in any case for the AGM. *********************** QW/VV/10/31.07.2015 Vasai-Virar municipality corp come on which Category of municipalties? what is the maximum transfer premium can be collected by society on flat transfer/sale from the buyer in case if purchased a falt in the vasai-virar belt? Answer by V.VISWANATHAN The VVCMC falls under the "A" municipal category and therefore the maximum transfer premium to be charged is Rs. 25,000/- *********************** QW/VV/11/31.07.2015 Sir in case of the death of a member as per append I X-16 under byelaw 34 an ad has to be given in two local newspaper. The question is who is supposed to issue and pay for those ads , the society or the person in whose name the flat will be transfered ?. Answer by V.VISWANATHAN The newspaper ads has to be given by the society on their letter head. Obviously the society would and should ask the beneficiary to pay for it. *********************** QW/VV/12/31.07.2015. Is it necessaryc to inform registrar regarding AGM, ??? Answer by V.VISWANATHAN There is no onus casted on the society to inform the registrar about AGM however as a prudent practice to inform the registrar. *********************** QW/VV/13/31.07.2015. Sir our society formed in 2007. 25 flats and 26 shops. Ttl 51 members. Society is charging maintenance charge as under.: rs 1/- per Sq ft for Flats and Double rs 2/- per Sq ft for Shops. Saying it's a Commercial premises. Is it Legal as per Bylaws ?Secondly society is charging rs 500 /- as Non Occupancy charge for all the Shops given on Rent. Is it Legal as per Bylaws ? They are also charging rs 30,000/- as A Transfer

Fees. Is it legal as per Bylaws ? We have our AGM ON 15Aug. Can shop keepers take Objection for the above three matters ? Answer by V.VISWANATHAN The maintenance has to be equal irrespective whether it's flat or shop and size. Non occupancy charges cannot be more than 10% of service charges Transfer premium cannot be more than 25,000/- Any member including shop owners can take objection about the same. *********************** QW/VV/14/31.07.2015 Sir at present we are charging maintenance as per flat rate for all shops & flats. Can we start charging maintenance as per sg.ft going forward. If change is possible under which rule it comes so we can inform members accordingly backed with some act or rule. Answer by V.VISWANATHAN You have to charge maintenance equally to all flat and shop owners. No deviation possible. Atleast in near future I don't think any changes possible in this . Not allowed at all . Period. *********************** QW/VV/15/31.07.2015 In one of our society, secretary's Name is not there in Flat Agreement For Sale. Flat is in the name of his wife only alone. By just filling Associate Form he became Secretary of the society. Is it Legal as per Bylaws ? Can he became like this ? Pls inform nd reply. Answer by V.VISWANATHAN Prior to 14.2.13(date of amendment of MCS act ) a person was allowed to become an associate member and also hold office bearership by paying Rs.100/- entrance fees and filling up form 10A &7. Post the amendment it is not allowed. Now if a persons name is not in the agreement he / she cannot be an associate member. However those you have already become an associate member as per old act (prior to 14.2.13) can continue to be so until regular elections are conducted in the society whenever it's due. Eg. If the society's election was on 2012 and an associate member (without name in the property) became an office bearer by filling up form 10A and 7 then until 2017(next election due) he can continue to be office bearer even though new act is applicable ***********************

QW/VV/16/31.07.2015 If some member gift his own flat to someone his relatives Is Transfer premium is payable by him. Answer by V.VISWANATHAN If the transfer is done to family member as defined in the circular / act then no transfer premium to be charged *********************** QW/VV/17/31.07.2015 Shailesh oza frm ashokvan vasant karishma 9860295691 my qst is if the flat owner does not pay maintence for long time say two to three years then what is the action to be taken to get due maintence Answer by V.VISWANATHAN File a case before the deputy registrar under section 101 of the MCS act. *********************** QW/VV/18/31.07.2015. what is difference between " membership " and " ownership "? Answer by V.VISWANATHAN This question would have an answer prior to 14.2.13. Now has no relevance except nominal membership . Now if you are not a owner then you can't become a member. Previously associate membership was allowed even without name in the property now not allowed. Nominal member is the one not being the owner but using the premises in society like the licencee. *********************** QW/VV/19/31.07.2015 In case of a single nominee and where the other heir is not a resident of india but a citizen of usa and having no documentary proff of indianness which are to be filled by the single nominee for transfer of the flat. Answer by V.Viswanathan If the nominee is single then where is the question of needing the other . Not clear with question. *********************** QW/VV/20/01.08.2015 If an agreement is only on husband's name, who has taken a loan and wife's name is not included. To include wife's name, can the agreement be amended in the form of deed of rectification or by any other way like gift deed / re-registration / filling any membership form. If yes, what will be approximate charges for amendment ??

In such methods, is wife is allowed to become office bearer after amendment is done?? Answer by V.VISWANATHAN Technically if there is a loan on any flat then you cannot add/alter/ amend the deed without the permission from the bank. Presuming that you have taken permission you may do so by gift deed / agreement for sale / rectification deed. There is possibility of objection by the SUb registrar office for rectification deed. However since there is no stamp duty post 24.4.15 for certain relatives he may agree *********************** QW/VV/21/01.08.2015 Sir is it compulsory to send all correspondence and notice to society members in Hindi and Marathi or we can communicate in common language ie English. Answer by V.VISWANATHAN The society has to follow the language in which they would have agreed in the application form for registration for accounts. For general communication English Hindi or Marathi can be used in Maharashtra *********************** QW/VV/22/01.08.2015 Under what law has the beneficiary to pay for the ad as he is submiting all the rewuired original documents it is the society which has the doubts so why the burden on the beneficiary and i also had raised other question regarding citizenship of heir Mr ramesh prabhu kindly clearfy why should i invite this problem of the making of the society Sirji second question ka answer mil gaya thankyou but first question about ad is still not clear. The ad has to be issued by society but the beneficiary has not told the society to issue the ad so why does the beneficiary has to pay for the ad and under what law please explain Answer by V.VISWANATHAN I will give an example suppose a child is born . Getting birth certificate is compulsory as per law and local authority is given right to do so . However they have also been given the right to collect a fees of Rs 10/ or 25/- to issue a birth certificate . Similarly the law has put the onus on the society to issue the ad however as the MCS rules 1961 they have right to has for the money. Once all the papers are received from member the society should send a letter to the beneficiary requesting him to deposit the sum to society before issuing the ad. If not then the society should not transfer his membership. Hope now clear ***********************

QW/VV/23/01.08.2015 A situation has arised that a flat belonged to 2 brothers and one of the brothers has expired and nomination has not been filed. If all the legal heirs of the deceased person has given no objection on a stamp paper to transfer the flat in the name of other brother, is this sufficient. My question is Still not answered Srinath Nair treasurer vasant karishma ashokvan complex. Answer by V.VISWANATHAN Just obtaining NOC from other legal heirs does not suffice. You have to follow the entire legal formalities as the MCS act and rules. I had replied to such similar question . However shall repeat it. Such transfer is called transmission. All the legal heirs have to come together . The beneficiary would have to give an indemnity bond as per appendix 19, and other legal heirs to give affidavit on are 100/- stamp paper, then paper notice in two newspaper as per appendix 16 and various other forms for membership. Caution. By doing this the applicant only gets membership in society and not ownership in property. For that they have to obtain succession certificate / heirship certificate *********************** QW/VV/24/01.08.2015 So should we cancel associate membership of earlier member.should their names be cancelled from share certificate. Answer by V.VISWANATHAN Any membership cannot be cancelled just like that. Proper procedure as mentioned in section 35 of the act has to be strictly adhered to. Secondly there is no need to cancel an associate membership . I understand you are asking this considering the change in law wherein prior to 14.2.13 (date of amendment of MCS act 2013) where some one becomes an associate member without name in the property and continues to remain so after that date too. There also you can continue until regular elections. Once election are conducted post that date then the associate member automatically losses him rights . *********************** QW/VV/025/03.08.2015 Sir, can you please let us know of it is mandatory to adopt the new bye laws, our society has not yet adopted the new bye laws. What is the legal obligations on part of the society? Are they bound to adopt or it is an option? Answer by V.VISWANATHAN It is mandatory and compulsory to adopt the bye laws. In case if not done

the registrar has rights to not only dismiss the committee but also de register the society *********************** QW/VV/026/03.08.2015 Flat owner has not paid rent for past 6 months despite of phone calls reminder and official letter sent to him. In his flat renter is staying pls suggest appropriate action? Sorry maintenance not rent Answer by V.VISWANATHAN File recovery case against the member under section 101 and also make the occupant as a party to it *********************** QW/VV/027/03.08.2015 Sir, as you already answered that form 7 has got importance before 14.2.13. 1. So if any member who is fills n submit form 7 for associate membership will not be considered????. If yes then can that member attend committee meetings/sgm/agm and present his or her views apart frm having voting rights. 2. Based on its validity, Its ok if form 7 is duly filled and submit it to the society with 3 chairperson signature or it needs to be submitted any where else and by whomever( society or the member). This grp is extremely helpful for all of us to clear our doubts . Thank you for question and answer session by all. Answer by V.VISWANATHAN If you find this group useful inform maximum people and we would more such groups for their benefit. To my knowledge I have written substantial matter about associate member. Please read further . Now associate member purely by form 7 not possible. If name is there in agreement then associate member can attend meetings and hold post. I have *********************** QW/VV/028/03.08.2015 Can we cancel the membership of members who are not paying their maintenance from last 3 to 4 years and can from now onwards society send them bill of non member Answer by V.VISWANATHAN Cancellation of membership means expulsion of member. It is governed by section 35 of the act . A society can only propose to remove the member. The actual expulsion has to be done only by registrar through proper procedure. Persistent defaulters qualify for expulsion.

*********************** QW/VV/029/03.08.2015 Can we add property Tax on maintenance bill and pay from the society account on belhalf of members. Answer by V.VISWANATHAN That's very much possible. Infact that is how most of the societies function in Mumbai. The only risk is since you are committed in writing to VVCMC to pay collectively then you have to contribute to those members also who don't pay their maintenance regularly . That would add further burden on those who are paying regularly *********************** QW/VV/030/03.08.2015 Every society is the non profit organization. We only charge what we are payable and the only society is benefited when it is sold and we received as Transfer premium. Can we invest any amount other than F.D Answer by V.VISWANATHAN As rightly mentioned by you society is a NGO and therefore profit making is not their motive . Investments to be done by the society are restricted and properly regulated as per section 70 of the act *********************** QW/VV/031/05.08.2015 Flat is in name of my wife can I attend AGM Answer by V.VISWANATHAN If you are an assoBbciate member by paying Rs.100/- and form no 7/10A prior to 14.2.13 and the elections are not due as yet then you can. Else no. *********************** QW/VV/032/05.08.2015 As per the new bye- law of the CHS, can the original member make any one as an associate member,who can attend meetings and vote in his absence. What are the restrictions/formalities for making a relative an associate member? Answer by V.VISWANATHAN Now if the name of the associate member is not in the agreement then not possible. Else no restriction. *********************** QW/VV/033/05.08.2015 There is the common garden between 4 different society. Can we make the car parking in the garden. Answer by V.VISWANATHAN

*********************** QW/VV/034/05.08.2015 Pls advise me if govt employees can take responsibilty of chairman secretary or treasurer. If yes then are they reqd to take any necesaary approvals from their government dept???? Answer by V.VISWANATHAN To my knowledge you have to inform your employer (if a govt servant ) if you hold any place of profit. Society is a honorary job and therefore may not require permission . However it is advisable to have a declaration done to the employer. *********************** QW/VV/035/05.08.2015 Is that any rule for small (soc .)20/22 flat member that " you have to make fix deposits of Repair fund ?" OR "Sinking fund?" Answer by V.VISWANATHAN Nothing like that. All societies irrespective of the strength of the members have to charge sinking and repair fund on area basis. *********************** QW/VV/036/05.08.2015 Sir, I would like to know as to what documents are required to complete the chain of agreement if the flat is being transferred to the new member via 100%nomination from the late member (mother) to her son. pls reply as this issue is been pending for a long time. Answer by V.VISWANATHAN Chain of agreements are not required but the procedure for transmission without nomination needs to be followed. Like I .Bond paper notice etc. *********************** QW/VV/037/05.08.2015 Can agm decide penalty for members not attending the agms of the society ( can society levy fine).since the agms are held only once in a year,and resolutions are adapted, is it not necessary? Answer by V.VISWANATHAN Attending AGM is a right of the member but not duty . I have answered this question earlier too with riders. *********************** QW/VV/038/05.08.2015. Is TDS applicable on interest acrude from FD made in co-operative & PSU banks. Answer by V.VISWANATHAN TDS was always applicable for PSU banks , for coop banks it is applicable

from 1.6.15. Coop credit societies are exempted *********************** QW/VV/039/06.08.2015 Can Society refuse water connection to shopkeepers having flats in the building? Pls reply Answer by V.VISWANATHAN In case if the builder had not provided water connection line then the general body can decide about the same. However if the water connection was already there in the shops then it's a must to give. Frankly I would advise that if it is required for the shipowners for business purposes one should give it *********************** QW/VV/040/06.08.2015 I Steel confused We are Charging repair fund on area basis to each member but that " Repair fund" OR " Sinking fund " is to be deposits in form of F/D' s only.?? Answer by V.VISWANATHAN Fund collections has to be done on area basis and the deposit with the bank would be fixed deposits only. No other way *********************** QW/VV/041/06.08.2015 Pls advise if there is any restriction on renewal of rent agreement of any tenant. For ex if they can renew for consecutive 2 or 3 yrs or there is no limitation for renewal of rent agreement. Answer by V.VISWANATHAN As far as renewal is concerned there is no restriction . You can renew it unlimited *********************** QW/VV/042/06.08.2015 Sir please guide is what all documents / forms are required for admission of new member via flat resale. Answer by V.VISWANATHAN 1. Registered agreement 2. Full payment receipt of completion of transaction between purchaser and seller 3. Possession letter 4. Form 4 on Rs.100/- stamp paper 5. 20(1) 6. 20(2) 7. Transfer form 21 8. Application for membership

9. Form 23. 10. Share certificate original for transfer 11. Nomination form 14 in triplicate advisable not compulsory 12. Transfer fees 500/- entrance fees 100/- 13. Transfer premium *********************** QW/VV/043/06.08.2015 Can u please elaborate your rider,it is not quite clear about a member not attending the agms.? Original question was can penalty be charged for non attendance of AGM Answer by V.VISWANATHAN There is a government notification which states that if 1. A person does not attend AGM regularly 2. And persistently and continuously complaints about certain decisions which taken in the AGM then penalty of Rs 100/- can be levied subject to approval of general body *********************** QW/VV/044/06.08.2015 If in residental flat ,if the owner gives his flat for office use like consultant, Advocate ,on rental basis.Can its permissible to do in the residental area. Answer by V.VISWANATHAN Supreme Court judgment stays that if a consultant uses his flat partly for residence and office then it's allowed. However many have twisted the judgment to benefit themselves and state that consultancy is fully allowed. Actually that's incorrect . Technically a residential flat cannot be fully utilised for commercial including consultancy . However practically that should be allowed *********************** QW/VV/045/06.08.2015 What are the parameter to make some one as nominal member of the society CA of our society point out in its report to make Airtel as nominal member . The installed antenna and paying to the society. Answer by V.VISWANATHAN Nominal member is a person who pays 100/- entrance fees with the consent of the original member. He is the one does not have any right over any of the property in the society however uses one or more units in the society or uses society premises. Normally the licencee can be advised to take nominal membership. Also in this case the mobile tower company can be made a nominal member. This is better for the company to communicate to society for certain services that it may need like terrace

keys to open and repair the tower. It's also better for society as the nominal member is better regulated. *********************** QW/VV/046/12.08.2015 G.M. Have got to know that housing societies have to re register themselves @ Pune registration office and have to upload all their details on the site.Is this true ? Answer by V.VISWANATHAN After the amendment to MCS act it is compulsory now. You may visit our website for more details. Www.vasaihousingfederation.com *********************** QW/VV/047/12.08.2015 Hello sir if any flat owner give power of attorney to his relatives and he is no more, then can society will give noc for that (poa) person to saleing flat? Answer by V.VISWANATHAN The moment the person who gives POA expires the POA ceases to exists . In short the power also dies with the person so giving it. *********************** QW/VV/048/12.08.2015 Societies makes various payments like security charges, repair charges etc. If payment exceeds Rs. 2 lacs in a year then whether Tax (TDS) is to be deducted & pay it to Govt. ? Answer by V.Viswanathan As per section 194C of the income tax act any single payment if it exceeds 30000/- and if aggregate to a person exceeds 75000/- the TDS is required to be deducted . If the receiver is individual then 1% if company then2% *********************** QW/VV/049/12.08.2015 Sir, member has changed his name using affidavit, which he has submitted to the society so that maintenance bill and receipt should come on his new name. The society has changed his NAME in society maintenance bill also. Can n should society also provide him noc for name change in property tax bill also. Member has asked NOC from society for name CHANGE in property tax bill. Answer by V.Viswanathan Legally without payment of stamp duty and registration of documents the society cannot transfer any shares. Nor can it give NOC. I suggest to give show cause notice to that member , take general body resolution and remove his name from membership stating it was error which is rectified now

*********************** QW/VV/050/12.08.2015 As our society is newly formed so we need information . It is possible to get a format for 1. noc to be given to the members by the society regarding name change in A) MSEDCL. B) VVCMC for property tax, C) a letter given by the society to a new member after taking possession of the flat( RESALE CASE.) And from where Answer by V.Viswanathan Email to us if you are a member with your membership number on vasaihousingfederation.com and we will provide the same., *********************** QW/VV/051/12.08.2015 Sir our society member is 60 flate owner and 30 shopkeeper so can u inform us in committee how many member s required Answer by V.Viswanathan For details please Refer to bye law no.114 of new model bye law. There is a slab . It's on our website to *********************** QW/VV/052/12.08.2015 sir,pet charges are allowed or not ? if not, can we take cleaning charges from member. Answer by V.Viswanathan Nothing in the bye laws on this subject and therefore the general body can decide over the same *********************** QW/VV/053/12.08.2015 Dear Mr. Viswanathan, very good morning to u and all the members. On what basis sinking fund is calculated, is it on area wise or on development cost on individual flat? And what is the percentage? Answer by V.Viswanathan Sinking fund is charged on area basis @0.25% p.a of the cost of construction of the flat or shop. Refer to bye law no. 13. *********************** QW/VV/054/12.08.2015 Q. Do the society can elect a member in committee since she/ he is the 2nd partner mention in registration & he can vote for committee election? Answer by. V.Viswanathan All the election has to be done as per election rules dtd 11.9.14 see our website. Even if it's one committee member too. If a person name is second then he too can come in the committee if the first member

relinquish his / her right in favor of second *********************** QW/VV/055/16.08.2015 Does the stilt parking which the flat owner paid for at d time of purchase from the builder, fall into the "society common area ?" Answer BY V.Viswanathan As you are aware that common areas like garden, terrace, corridors , stilt parking common parking cannot be sold it belongs to society once formed. This answer should be read in isolation in case it relates to parking . As the same is a very vast and debate able topic *********************** QW/VV/056/16.08.2015 Sir please reply my one question is that our entire managing committee resigned without producing accounts in the agm and secretary put resignation on notice board where as agm has elected all of them and is the way of resignation and what legal action can be taken await your reply ex secretary of star classic Co op hsg Vasai west Answer By V.Viswanathan Pasting resignation on notice board is not correct. All committee members hold a responsible post and can't vacant place without their resignation being accepted. Actions can be taken for non conduct AGM u/s 75(5) and penal provisions can also follow. Should take immediate steps to conduct elections as per new rules *********************** QW/VV/057/16.08.2015 If a committee member cease to be a member due to sale of flat do we have to take fresh election as per prevailing procedure or can be elected at the EGM /AGM Answer By V.Viswanathan Any appointment of committee should be done by the new election rules including for a single committee member also. Through the state cooperative election authority (SCEA) only *********************** QW/VV/058/16.08.2015 I m john dsouza secretary of Anand Sarovar Society. We wanted to appoint a CA for our society can u suggest some name n no. Answer By V.Viswanathan The list of auditors are available on our website and with federation office . Visit www.vasaihousingfederation.com *********************** QW/VV/059/16.08.2015

Dear sir. My query is. If a member asks for a copy of all the managing commitee minutes as well as the minutes of the AGM and EGM for last 4 years, should we give the copies. If not then what should be our reply to that member. Answer By V.Viswanathan Minutes of the meeting of the society has to be maintained by the society perpetually without any time limit and getting such copies is a members right. You have to give the same to member after collecting requisite fees as per bye laws *********************** QW/VV/060/16.08.2015 I am lakshman from Rajesh Park CHS, Ambadi Road, Vasai West. Can the managing committee members of a religious trust registered under charity commissioner induct additional committee members by co-opting them in a resolution passed in the managing committee meeting subsequently held after the AGM? Pl clarify. Lakshman Answer By V.Viswanathan I understand your question is related to maharashtra public trust act and not MCS act. It is possible if the charter documents (trust deed) allows it. If not then you have to amend the deed first and then it's possible *********************** QW/VV/061/16.08.2015 What is process if shop owner wants to set up wine shop...pls suggest. Answer By V.Viswanathan Firstly the matter should be placed before the general body and if it's passed then the permission may be given subject to the shop owner gets all the relevant permissions from various authorities like local body , excise dept and others *********************** QW/VV/062/16.08.2015 In open gallery bldg can we take corner place in our carpet area. We need suggetion Answer By V.Viswanathan Sorry but question not clear to me. I understand corner place means you are referring to the place in the gallery only . If it's sold by the builder to the owner then yes should be included. If you are referring to covering it then not allowed *********************** QW/VV/063/19.08.2015 Who is d authorise person to sign on share certificate ? Answer by V.Viswanathan

As per the face of the share certificate as prescribed in form 1 the share certificate has to be signed by chairman secretary and one committee member. However the managing committee can decide to authorize any other committee member to sign too *********************** QW/VV/064/19.08.2015 Is it legal to make a structure on the Terrace for roofing ... Answer by V.Viswanathan Any construction be it temporary or permanent to be done has to take place only after permission of the planning authority for vasai taluka being Vvcmc . The society has to apply for permission pay necessary development charges as per DCR ( development control rules ) only then construct . However practically no one does it and all societies have done so without any permission *********************** QW/VV/065/19.08.2015 Sir need ur guidance... Which documents a society should have/take from builder (health check of society) to avoid any legal problems in future like for.. Conveyance, redevelopment etc... Prof. Anand, secretary Rushabh Tower Answer by V.Viswanathan I have long list of documents which cannot be sent here. Please message your email id I shall arrange to send it and also post it on our website *********************** QW/VV/066/19.08.2015 Hello need a suggestion, a member in our society without permission of society lend his house on rent, and apart from this his house being on ground floor, he intends to give it on rent for commercial basis ,what action can be taken ? Answer by V.Viswanathan Minimum 8 days prior to giving the flat on rent the Memebr has to Intimate society. Permission as such not required. Also flat cannot be given on commercial. Approach municipality for change of use. And police station if given on rent without intimation and also collector of stamps if no stamp duty is paid and registered *********************** QW/VV/067/19.08.2015 Sir, we have a stilt parking which is full. The society intends to allot the common area to the members who do not have stilt parking at some premium one time charge so that the space is reserved for that particular

member. Is this legal ? Answer by V.Viswanathan As per the new bye laws the parking policies has to be decided by the general body only . So you can do it. However care has to be taken that those members should not misunderstand to be owners of such parking place *********************** QW/VV/068/19.08.2015 Dear sir there is one question i am treasurer of d l shelter chs ltd there is one problem in our society commitee member is kept one german sheferd dog for his safety and when that dog make huge noise day and night all members are doing complaint against this we have file police complaint also but they says its society issue we can not intefear please suggest if there is any provision to control this type of issues ?? Answer by V.Viswanathan Pets in a house is regulatedl by the policies so maintained by the municipal authority . Ideally you should approach Vvcmc for the same and also represent your case to the managing committee who in turn has to take appropriate action against the erring member *********************** QW/VV/069/19.08.2015 Auditor can do audit of any society for maximum 3 years in a row. Whether this rule is applicable for all the societies irrespective of No. of members of that society OR it is applicable only to those societies having more than 100 members ? Answer by V.Viswanatan The auditor has to be changed after the third means from the fourth year you have to appoint a new auditor. It's applicable to all types of society irrespective of the size of the members *********************** QW/VV/070/19.08.2015 One of our members of MC has sold flat. Can we select/elect another? Pls. Guide us sir. Answer By V.Viswanathan Once the flat is sold the managing committee ceases to be sold. Even if one society has to appoint one committee member also the new election rules dated 11.9.14 has to be strictly followed. Means informing the registrar thru SCEA who will depute person to conduct the election for one single seat *********************** QW/VV/071/20.08.2015

If RTI as well as an appeal is not responded at all by the authority what will be next course of action in such a situation? Application/appeal. Answer by V.Viswanathan Then you have to go for second appeal before the state commission *********************** QW/VV/072/20.08.2015 Plz.suggest Wht is procedure to adopt new bye laws. Answer by V.Viswanathan 1. Pass general body resolution adopting the new bye laws 2. Two new bye laws 3. Copy of old bye laws 4. Copy of notice agenda and minutes of the general body meeting wherein the bye laws has been adopted 5. Online registration must 6. Filling up forms ( available of our website ) 7. Affix 50/- court fee stamp on that form 8. Submit to deputy registrar *********************** QW/VV/073/20.08.2015 Do we have to do fire audit of the society premises in compliance with the state fire policy every year???. Pls advice. Pls also advice to whom we have to approach for fire audit as per state fire policy Answer by V.Viswanathan Fire audit is Perse not compulsory under the MCS act or the bye laws . It's required under the development control rules (DCR) of the planning authority generally being the municipal authority and therefore approach them. *********************** QW/VV/074/26.08.2015 we are planning for AGM next month.We completed 3years as office bearers. So this year there is any compulsion to take Election ? We check with our society members where anyone interested for become Chairman,Secretary or treasurer. But no one interested. So in such case whether we need to ask to Election officer to conduct Election. Answer by V.Viswanathan Elections are to be held once in 5 years and not 3 years . New election rules dated 11.9.14 should be followed . In case no one files the nomination whenever the election is due then the Registar may decide to de register the society

*********************** QW/VV/075/26.08.2015 Question from secretary, Indraprasth tower , sector 9, vasant nagari. we are paying Rs.30000 pm to the security agency. According to them service tax is applicable from July 15 @ Rs.14% is as to be paid by the society. Question - is service tax applicable to the co- op society ? if applicable what is the percentage ? Answer by V.Viswanathan Service tax is applicable to society only if the monthly maintenance of each member crosses 5000/- incidentally to my knowledge there is a judgment which states that this also is incorrect. Since you are paying the question of service tax arises under the reverse charge mechanism (RCM) which is not applicable to society *********************** QW/VV/076/26.08.2015 Sir what is the yearly Subscription Fee amount of the said Magazine ? Can one individual also ask for it ? Answer by V.Viswanathan Individual can also subscribe for monthly magazine at a nominal charges of rs 200/- including postage. You can download the form from website or contact the federation office *********************** QW/VV/077/26.08.2015 We want call to registrar for committee election. Please tell us what is the procedure n what they will charge. Is it necessary to inform registrar for election of any housing co - op society to form the managing committee of C H S ? Answer by V.Viswanathan Election in housing society has to be conducted once in 5 years. As per the election rules dated 11.9.14 the housing societies are classified as type C if more than 200 members and type D if equal or less than 200 members. Six months prior to the due date of election The society has to fill up form E-2/E-3 form and submit to registrar after online registration of society once that is done the registrar shall depute election officer and conduct regular election with ballot boxes and nominations etc in case of type C society. For type D society all the procedure is same only thing the election officer shall conduct by raise of hand in general body. The procedure remains the same even if one committee member has to be appointed due to resignation or death of a Comm member. The election officer charges are available on the website of federation

*********************** QW/VV/078/26.08.2015 Hello sir wanted to know if there is any leakage in the dry balcony it is the owners responsibility to repair it or societies Answer by V.Viswanathan Technically the dry balcony is society's premises which the builder sells and the purchasers buys. The moment you ask society to repair that means you agree that the society is owner and vice versa. If you ask me. Since you have bought it and society cannot access that place from outside the member should repair it *********************** QW/VV/079/26.08.2015 Can socity call for AGM without Agenda, within 7 days notice on notice board? Answer by V.Viswanathan No meeting can happen without agenda. Secondly 14 clear days notice is must for AGM *********************** QW/VV/080/27.08.2015 Sir, Is registration mandatory for Leave License agreement for shops or flats ? Some people are avoiding registration or making notary to save fee. Answer by V.Viswanathan You have answered your question your self. Payment of stamp duty and registration is compulsory. *********************** QW/VV/080/27.08.2015 Sir one of the member has asked following way back... plz we r waiting for this.... Hi Vishwanathan... One query... What if members do not come forward for being part of managing committee and often General body have to request for someone to come forward. In such a case no elections are held and voluntary participants are selected as managing committee members. In such a case how to follow election rules? Also member sometime decide to quit as office bearers or managing committee members before the term of 5 years completed and new members needs to be selected(not elected) in place of outgoing member. Answer by V.Viswanathan Post the amendment to MCS act 2013 even for a single committee member

election has to be done through the registrar only. No other alternative . *********************** QW/VV/081/27.08.2015 How to follow election rules as sometimes members are reluctant to cater to society as it is being thankless jobs and so much legality to follow making members to be afraid of inviting unwanted liabilities... Answer by V.Viswanathan Yes it's a thankless job. However please take it as a extended family. If a father says I have to work and feed my wife and children and it's a thankless job then he has to either leave his family or do something untowards. Similarly if no one comes forward for committee membership then the registrar will de register the society and you will again at the mercy of builder and no one to handle your maintenance , leakage problem sweeper etc. in short you will be like a orphan. So one has to decide become a head of a family or an orphan. Sorry for the dramatic answer. Hope the message is clear that someone has to take the lead . *********************** QW/VV/082/27.08.2015 Sir ... need help.... whose name should be there on the share certificate in case the agreement has two names as... owner and co-owner. ? Answer by V.Viswanathan First owner as first member and second owner as an associate member *********************** QW/VV/082/27.08.2015 where printed Marathi Byelaws are available for sale or is it available on website. Answer by V.Viswanathan model bye-laws released on 30th Aug 2015 on the occasion of opening of 5th branch at Pune. Marathi bye laws are available at abranch of VTHF at the price of Rs.70/-per copy. Order for marathi or English model bye-laws of society. It also will be send on making phone calls at home delivery by charging additional home delivery charges of Rs.200/- in addition to cost of bye-laws Thane district *********************** QW/VV/086/29.08.15 What is procedure for approval of accounts, whether auditor will give draft report, then committee will approve and office bearers sign and then send to auditor for his sign? Or office bearers will sign first then place in committee for approval? Answer by Viswanathan

Once the draft financial statements are ready the managing committee has to call for meeting in that approve the financials and draft audit report and then sign and give it to auditor for his signature *********************** QW/VV/087/01.09.2015 Flat owner had not paid maintenance past 9 months. We had done phone call still not paid. Send reminders letter to address shares by him but letter are returning back. Currently flat renter is staying. Pls suggest action Answer By V.Viswanathan The notice for recovery should be sent to member not only at the society address but better to the place wherever he stays in case you have it or know it. Also send notice to the occupant for using services. Later file a recovery case u/s 101 of the MCS act before the deputy registrar *********************** QW/VV/088/01.09.2015 9809662512 Can we co-opt one or two committee member as there is 2 vacancies in the committee, our society have 71 members society? Answer By V.Viswanathan Appointing of any number of committee member has to be done by registrar as per the new election rules 11.9.14. No other option *********************** QW/VV/089/01.09.2015 My name is not registered there in house agreement; still if I have to nominated my name for post what will be the legal procedure which I will have to fulfill? Pls guide. Answer By V.Viswanathan In case you don't have your name in the agreement then there is no way that you can hold post in the managing committee after the amendment to the MCS act. A person's name has to be there in the agreement even if to the extent of 1% being bare minimum without which no holding of post. *********************** QW/VV/090/01.09.2015 Our society is going to undertake the painting & other repairing works of the building. We wanted to know whether we can use the reserve fund for this purpose with the approval of AGM. Answer By V.Viswanathan Normally reserve fund money cannot be used . You can use the sinking fund or the repair fund for repairs. The society has to initimate registrar (no permission required) about using the same ***********************

QW/VV/091/01.09.2015 Dear Mr Ramesh Prabhu Just one querry What all documents are required for flat transfer if no nominee and the Husband and 2 sons want the flat to be transferred in the 2 sons name. I just want to know what all documents are required for flat transfer. Whether all original documents required. I will be waiting for your reply. Thanks and regards Kevin Answer By V.Viswanathan I understand you are seeking information in respect of transfer between two living persons . The following papers are required 1. Registered copy of the agreement 2. Full receipt of agreement value 3. Possession letter from seller to purchaser 4.form 4 5. Form 22 6. Form 20(1) 7. Form 20(2) 8. Transfer form 9. Transfer fees / entrance fees and premium amount 10. Original share certificate for transfer *********************** QW/VV/092/01.09.2015 Sir one question which is i think skipped. Can managing committee appoint structural auditor, or same needs to be pass in General body meeting. Answer By V.Viswanathan Appomtment of structural auditor can be done by managing committee however if the amount increase 25k/50k or 1 lakh depending on the number of members then approval such payment to be done by general body only *********************** QW/VV/093/01.09.2015 One of our Member who stays at ground floor, every week ends play the music in the night to till morning. Because of this the other member who stays at 2nd floor complaint to society about the disturbance. Other members say that they can not hear the sound as their windows are closed at night. Please advise. Can the member complaint to the police station? Answer By V.Viswanathan Complaining to police station is the only solution

*********************** QW/VV/094/01.09.2015 Dear sir, Our society has recently awarded a contract worth appr 7 lacs to construct a overhead shed. Please confirm whether we have to deduct TDS at the time of making payments to the contractor or whether the tax is applicable to society , if applicable at what rate. Please reply. Answer By V.Viswanathan TDS is applicable . The rate is 1% of the amount if the receipient is a individual and 2% if it's company or partnership firm *********************** QW/VV/095/01.09.2015 Awaiting for your revert on my query dated 29th Aug 2015. Quick revert will be appreciated. Dear sir, I have one question. Our society has 5-6 shops and they are using additional space outside the shop for business purpose. They install big box cutting machine outside the shop which block the society' s place illegally for running his business. Can we charge additional maintenance charge for such act. If yes on which basis we will charge them. Pls guide us. Answer By V.Viswanathan If the shop owners are using the Otla area beyond the shutter and not doing any construction then it's allowed. However if they are using beyond the Otla area then after issuing notice to them you can charge penalty to them after approval of general body. There is no question of increasing the maintenance as the moment you increase indirectly you agree that they are the owner of that place *********************** QW/VV/096/01.09.2015 On submitting the nomination form in triplicate, does the member receive one copy back duly signed and stamped by the society? In whose keeping are the other two copies? Answer By V.Viswanathan Nominations made in form 14 is required to be submitted in triplicate to society. Upon receipt the triplicate copy has to be given back to member duly acknowledging it. Later after noting in the nomination register as approved in MCM the duplicate copy should also be returned to member mentioning the nomination register serial number in it ***********************

QW/VV/097/01.09.2015 Hello sir If there is no Agm held in the society for more than two years inspite of the repeated requests and the renovation work costing more than three lakhs is carried out without any meetings and quotations then what steps can be taken .kindly guide.if the parents are immobilized and unable to attend the meetings then are children allowed to attend the meetings.pls guide me what are v supose to do as per bye laws Answer By V.Viswanathan The society has not conducted AGM by 30.9. Every year then you can complain to deputy registrar about the same and under section 75(5) they will be removed and new committee will be elected by following procedures .If parents are not well then children cannot attend if their name is not in agreement and share certificate . Best is pay stamp duty add your name in property and become member and by which you can attend meeting. No other way Appomtment of structural auditor can be done by managing committee however if the amount increase 25k/50k or 1 lakh depending on the number of members then approval such payment to be done by general body only *********************** QW/VV/093/01.09.2015 One of our Member who stays at ground floor, every week ends play the music in the night to till morning. Because of this the other member who stays at 2nd floor complaint to society about the disturbance. Other members say that they can not hear the sound as their windows are closed at night. Please advise. Can the member complaint to the police station? Answer By V.Viswanathan Complaining to police station is the only solution *********************** QW/VV/094/01.09.2015 Dear sir, Our society has recently awarded a contract worth appr 7 lacs to construct a overhead shed. Please confirm whether we have to deduct TDS at the time of making payments to the contractor or whether the tax is applicable to society , if applicable at what rate. Please reply. Answer By V.Viswanathan TDS is applicable . The rate is 1% of the amount if the receipient is a individual and 2% if it's company or partnership firm *********************** QW/VV/095/01.09.2015 Awaiting for your revert on my query dated 29th Aug 2015.

Quick revert will be appreciated. Dear sir, I have one question. Our society has 5-6 shops and they are using additional space outside the shop for business purpose. They install big box cutting machine outside the shop which block the society' s place illegally for running his business. Can we charge additional maintenance charge for such act. If yes on which basis we will charge them. Pls guide us. Answer By V.Viswanathan If the shop owners are using the Otla area beyond the shutter and not doing any construction then it's allowed. However if they are using beyond the Otla area then after issuing notice to them you can charge penalty to them after approval of general body. There is no question of increasing the maintenance as the moment you increase indirectly you agree that they are the owner of that place *********************** QW/VV/096/01.09.2015 On submitting the nomination form in triplicate, does the member receive one copy back duly signed and stamped by the society? In whose keeping are the other two copies? Answer By V.Viswanathan Nominations made in form 14 is required to be submitted in triplicate to society. Upon receipt the triplicate copy has to be given back to member duly acknowledging it. Later after noting in the nomination register as approved in MCM the duplicate copy should also be returned to member mentioning the nomination register serial number in it *********************** QW/VV/097/01.09.2015 Hello sir If there is no Agm held in the society for more than two years inspite of the repeated requests and the renovation work costing more than three lakhs is carried out without any meetings and quotations then what steps can be taken .kindly guide.if the parents are immobilized and unable to attend the meetings then are children allowed to attend the meetings.pls guide me what are v supose to do as per bye laws Answer By V.Viswanathan The society has not conducted AGM by 30.9. Every year then you can complain to deputy registrar about the same and under section 75(5) they will be removed and new committee will be elected by following procedures .If parents are not well then children cannot attend if their

name is not in agreement and share certificate . Best is pay stamp duty add your name in property and become member and by which you can attend meeting. No other way *********************** QW/VV/098/02.09.2015 If lady members r not willing to come in comittee and cast person is also not available or not willing to come then these posts should be kept vacant or any other member should be taken in place of them? Answer By V.Viswanathan Any reserved category if not filled should get kept vacant and Cannot be filled *********************** QW/VV/099/02.09.2015 Is it compulsory to write all statutory books and issue notice in local language or can be issued in any of the 16 languages of india Answer By V.Viswanathan Books of accounts and other records has to be maintained in the language which the society would have agreed for at the time of formation of the Society as per form A. Otherwise also they can maintain in English Hindi or marathi only *********************** QW/VV/100/02.09.2015 Sir ! If a soceity member is the owner of the flat and wife is the nominee, when he passes away is the flat passed to her and the children ?Does the wife become the flat owner ? Dobthe children have right on the flat ? Answer By V.Viswanathan Upon nomination been done what the society transfers is the shares upon death of the member and not the ownership right over the property. The nominee holds the property in trust he does not become owner. All the legal heir of the deceased member would have ownership right over the flat even though the shares are transfeered in the name of the nominee in society in respect of the said flat *********************** QW/VV/101/02.09.2015 As per rules "Education and Training Fund"= contribution has to come from members Rs 10- per month per flat or as decided by the general body. == Want to know where this amount has to be deposited and what does it mean as decided by the general body. Also our society was registered in 2012 do we collect arrears from the members as well. Please advise. Answer By V.Viswanathan

Training and education fund @10/- PM per member has to collected wef 14.2.13 or from the date of formation of society . Retrospective not required. Prospective is enough from the date for adoption of new bye laws. As of enough it has to be kept in a separate fund - FD. Later govt will intimate where to deposit *********************** QW/VV/102/02.09.2015 Dear sir, I m the owner of flat and I would like to transfer my flat to my brothers name What should be the chargers for transfer of owner at society as per low? Answer By V.Viswanathan For transfer within family member the transfer fees is 500/- entrance fees 100/- and tranfer premium is NIL. This is applicable whether you make gift deed or an agreement for sale *********************** QW/VV/103/02.09.2015 I am the member of Shiv om apt. The flat no. B 102 owned by me & now I intent to transfer the above flat of the same society to my son's name, if this is possible or not & what is the procedure? Answer By V.Viswanathan Make agreement for sale / gift deed submit relevant transfer forms , possession letter , 500/- transfer fees and entrance fees of 100/- *********************** QW/VV/104/02.09.2015 Are the rules for election r same for housing as well as commercial society? Answer By V.Viswanathan Yes *********************** QW/VV/105/02.09.2015 One question.. What is legal validity of registered sales deed made between members and builders w.r.t. various terms agreed and signed by purchasers. Answer By V.Viswanathan It is 100% valid contract and is legally binding on all parties if duly stamped and registered. *********************** QW/VV/106/02.09.2015 This question is special relevance to the builder holding ownership of terrace and giving on rent to mobile companies for erection of mobile tower on it by including such authorisation terms in sales deed.

Answer By V.Viswanathan The contract cannot overrule an act . Like terrace cannot be ownership of of builder after formation of society. Act will prevail over contract / agreement . *********************** QW/VV/107/02.09.2015 Can members who agreed on such terms during registration revoke such consent without challenging such terms in court of law? Answer By V.Viswanathan It has to challenged in court. *********************** QW/VV/108/02.09.2015 Can AGM cancel the allotment of terrace to mobile companies and overrule the allotment by builders under such conditions? Answer By V.Viswanathan The AGM can pass such resolutions and also write to companies . In case they don't agree go to court *********************** QW/VV/109/02.09.2015

letter A.G.M

AGM

AGM present ?

English madhe reply dila tari chalel Answer By V.Viswanathan Leave of absence will not treat him as present . It will be treated as absent only . *********************** QW/VV/110/05.09.2015 (1) can we charge penalty for last 6-7 yrs they are using society premises beyond the otla area. (2) It covers approx 150 sq.ft . How much I charge for that area. Aswer by V.Viswanathan Penalty can be charged upto 5 times of maintenance with retrospective *********************** QW/VV/111/06.09.2015

Answer By V.Viswanathan Once in 5 years ***********************

QW/VV/112/06.09.2015 Dear sir our society is member of your federation please let us know whether u have New Bye Law copy with u r office and if yes what is the price ??? Answer By V.Viswanathan Yes available at a cost of Rs.70/- Vasai Taluka Co-operative Housing Federation Ltd, Swagat Bhawan, Opp MSEB colony, Near Indian Oil, Station Road, Vasai Road (E), Dist Palghar. 0250-2390170/71/2393773/74/6457585 / 95 / 96 *********************** QW/VV/113/06.09.2015 If the builder has in the agreement of sale mentioned they will have liberty to erect a mobile tower on the terrace and the proceeds be enjoyed by the builder. Can the flat owners make a MOU with the builder for treating the clause as void at the time of formation of society and handing over to the members. Answer By V.Viswanathan Agreement for sale should be executed as the MOFA and all agreement should be clauses which are consistent with the act . Any clause which is against the law is not binding on the parties as its not the law. Even if such clauses are there in the agreement, which most of the agreement has it's not binding as immediately after formation for the society all the common areas including terrace is owned by the society. In my opinion no separate deed nullifying it is required. However if the builder is willing to do its a welcome move *********************** QW/VV/114/06.09.2015 as per above article fire extinguishers are mandatory in society n as per bye laws no 78 2b fire audit has to be done. Pls advise procedure for the same. Answer By V.Viswanathan Yes it is required. The same will be uploaded on our website by Tuesday *********************** QW/VV/115/06.09.2015 Sir, in a society of 50 members apart from Secretary, treasurer n chairman how many members can be added for the managing committee?. Can we have cast wise break up.. thanks Answer By V.Viswanathan For 50'members it is 11 committee member of which 6 are general, 2 women, 1 each for SC/ST, OBC, VJ/NT/SBC ***********************

QW/VV/116/06.09.2015 Sir one thing I want to add our request to so called managing commitee remains unanswered or it turned down taking resort to legal provisions. i.e. asking fr bringing 50 per voting fr conducting meeting. Answer By V.Viswanathan The society runs under the democratic process as our nation . Therefore legally they would be right. However the resolution that they pass should be within the law. For eg. Charging maintenance on area basis is wrong and cannot be implemented even if 100% agree. Therefore you have test if what they pass is as per law or not. If not then you alone can fight it out *********************** QW/VV/117/06.09.2015 Sir our building is newly constructed and it's now two yrs since I staying there. Builder has made proposed society and has given to some hand full of people inspite of our opposing that this not right time to takeover since many issues r pending. Now they r collecting high maintenance without conducting any meeting nor taking our consent on any society issues regarding framing of rules, sharing details of a/c. In such Case what option lies with us as a member of the proposed society.? Answer By V.Viswanathan In case any thing is pending that has nothing to do with handing over of society . Pending issues are governed by different act and societies are governed by different act. Now all can come together and pass resolution to take action against the builder and fight it out in case mediation does not work *********************** QW/VV/118/06.09.2015 As per the Bye Laws Deceased Member Shares are transferred in Nominees Name I.e. his wife. Deceased Member is having one son. Does she need to prepare any legal documents for owning the property in her name, if yes how and what is the procedure. Can she Nominate her son as a nominee. Can she sell the property Answer By V.Viswanathan transfer of shares upon death of a person in society is known as transmission . Such share holder does not become the owner of the property. Such thing has been specifically incorporated in the new bye law for better clarity even though this was the law always . All the legal heirs of the deceased has right over the property. The legal heirs have to obtain succession certificate / letter of heirship / letter administration from court / first class magistrate ***********************

QW/VV/119/06.09.2015 Thanks for reply Mr Vishwanathan but the Flat owner is no more living and also there is no nomination but the Husband of the deceased wants the flat to be transfered in one of the sons name so I wanted to know what all documents required for the flat transfer. Please excuse me for I was not clear in my earlier question. Awaiting you reply I need to know if all original documents are required as the son of the Flat owner is giving only zerox copies including the death certificate. So I wanted to know for sure what all documents are required besides indemnity bond. Answer By V.Viswanathan All the documents should be certified true copy by the reapective dept or an advocate and the society may verify the original documents required 1. Indemnity bond by the applicant 2. Affidavit by other legal heir 3. Paper notice 2 local papers 4. Form 4 *********************** QW/VV/120/06.09.2015 If any transfer is not done after the demise of flat owner for last 25 + years what is the action to be taken by society/what the present residents should legally do? Answer By V.Viswanathan Nothing just wait for the concerned person to come forward and apply until then wait and watch *********************** QW/VV/121/06.09.2015 So if I nominate my wife and want her to be heir to my flat must I make a will giving her ownership of the flat as heir once I pass away? Answer By V.Viswanathan Nominee is only a custodian or a care taker. Will gives the ownership right. Always advisable to make a will and include all that you want in the Will. *********************** QW/VV/122/09.09.2015 what remedy lies with if some hand Full of people's form a proposed society and collects high rate of maintenance nor we r involved in decision making of society. Answer By V.VISWANATHAN You / minority can revolt as there is no society in place and such disputes would go to civil court ***********************

QW/VV/123/12.09.2015 Is registration with Vasai Housing Fedration Mandatory?? Registration of society i mean. Answer By V.VISWANATHAN As per bye law no. 6 all the societies have to compulsorily become member of federation . Therefore in vasai taluka all have to become member of vasai housing federation *********************** QW/VV/124/12.09.2015 Can committee members modify the earlier resolution passed and take U turn . Answer By V.VISWANATHAN Committee member in their meeting can reverse their decision anytime. However general body cannot do so before 6 months *********************** QW/VV/125/12.09.2015 Hello sir just want to know if d external water pipe coming from the main tank has rusted and the flat below has the leakage in d dry balcony due to this pipes who will be responsible to get the work done society or the flat owner. Answer By V.VISWANATHAN Since the reason for leakages is known and it's a outside society pipe then it has to be repaired by society only and not the flat owner *********************** QW/VV/126/12.09.2015 In new by-laws, is there minimum time limit for new members to become committee member / office bearer? Answer By V.VISWANATHAN New members can immediately become committee member now. Previously there was a cap of 2 years cooling period which is no more applicable *********************** QW/VV/127/12.09.2015 Dear Mr Prabhu, if the builder has not given the OC even after 5 year inspite of his repeated assurance what shud we as a society do to get the OC. Also now he says that unless we don't pay the VAT amount i.e. 2 % of the agreement value he will not initiate any paper for OC. We know that it is his tactic to delay. Pl let us know can the builder club both the issue as it is first the responsibility of builder to provide OC. Should we go legally and if Yes then suggest a good Advocate. Kind regards, Raji Thomas , Ex Secretary, Sigrun Splendor CHSL. Vasai East

Answer By V.VISWANATHAN You have answered your query yourself that the issue of OC and VAT payment are independent and the builder cannot mix it up. You may approach consumer court for the same. Please call on 022-42551414/28 and take advocate name *********************** QW/VV/128/12.09.2015 I have a question that in Vasai no societies is coming under service tax payable but every society is paying service tax for receiving various services such as security account writing etc. In this case any exemption is applicable to the somi the. I have checked with the service tax department but they say no provision is there. Your valuable advice will be highly appreciated Sorry the above query is from Balakrishnan T P Rajhans Dreams CHS Answer By V.VISWANATHAN As you know service tax is a indirect tax and the service provider has to charge collect & remit the same to government treasury. Presently the law is like that therefore you and me can't do anything but follow the law of land. The Information is correct that there is no exemption for the same. *********************** QW/VV/129/12.09.2015 The forthcoming AGM of our society has a Agenda item..,,proposal by some of the committee members. That during any Transaction of Sale/ LL In the society they will collect one side brokerage/ service charge from the members over and Transfer premium Please confirm society can pass such a resolution considering the fact that society in not a profit making body and this in case passed is a direct income . Pls clarify as the AGM date is fixed for 27th Answer By V.VISWANATHAN Such things are against the law and the society cannot do so. The notification on transfer premium is clear that one cannot charge more than 25,000/- per transfer, including seller and purchaser, under any circumstances . Since its against the law even if it's passed by 99% members still one member can oppose the same and complain the same to deputy registrar *********************** QW/VV/130/12.09.2015 Can owner of the flat transfer his voting rights or meeting attendence and speaking rights in meeting to other family member by giving specific Power of attorney. Answer By V.VISWANATHAN

POA has no locus standi under society law . Only a joint owner can speak as per the new act and bye laws. *********************** QW/VV/131/12.09.2015 Dear sir, one of our member purchase flat on his wife name. Now wife wants to give authority to husband to attend all society mtng. How she will give authority to her husband? Wht was the procedure for this. Answer By V.VISWANATHAN Without being a joint owner the husband cannot attend the society meetings. To attend meeting the wife has to sell/ gift some percentage of flat to husband, pay stamp duty registration and only part formalities can be attend meeting *********************** QW/VV/132/12.09.2015 Dear Sir please advice if an associate member can be an office bearer in the management committee Answer By V.VISWANATHAN As per bye laws and MCS act an associate member can become a committee member. However as per the amendment to the act a person can become associate member only if his / her name is there in the agreement *********************** QW/VV/133/12.09.2015 Agm me kon bath sakta hai par bat and vote nahi kar sakta hai. Aisa koi rule hai kya ? Answer By V.VISWANATHAN The person who is a member can only attend, vote and speak in a general body meeting . The person who's name is not in the agreement cannot be a member *********************** QW/VV/134/12.09.2015 I have two questions 1) Is there bye-laws for federation of Societies? 2) Same society members can be president and secretary of federation Answer By V.VISWANATHAN 1. Like housing societies federation also have bye laws but there are no model bye laws. One have to draft the same. 2. Yes the members of society can be office bearers of federation *********************** QW/VV/135/12.09.2015 Hello Sir, Question is - If any rules is there to appoint 3 members

committeee besides normal committee and is the 3 members committee selection should be from 11 members committee. If yes please advice under which rules or act sud be done. As we will be having AGM and same can be approved. Answer By V.VISWANATHAN By your question mean a subcommittee . A subcommittee is not recognized by bye law or act. The same should be over and above the committee and not inclusive of committee. Normally such sub committees are made for a specific work for eg. Redevelopment committee conveyance committee etc. they are supposed to report to the main committee. You can form such subcommittee and the same can also be appointed by managing committee even though I would advise that such subcommittee should be appointed by general body *********************** QW/VV/136/19.09.2015 Dear Sir, last year our society elected committee bearer election. But this year also they asking to take election to select committee bearer again for next 3 years. Is it as per by laws or as per regulation?? Answer By V.VISWANATHAN As per the election rules the tenure of the committee is 5 years cannot be 4 years 29 days or 5 years 1 day. No election allowed in between unless any resignation or death *********************** QW/VV/137/19.09.2015 Is it permissible for flat owners or the occupants of flats to keep their personal belongings such as furniture and shoe rack on the staircase area, terrace and corridor, since according to them they do not have space in their house to keep such items. Please advise if allowed and if not then how can this be informed to the members. Is a circular on this subject to be sent to all and avoid the use of such premises. Thank you. Answer By V.VISWANATHAN In normal course the corridor, terrace area and other common places are owned by society and therefore the managing committee can decide not to allow the Members to keep things outside. If a general body resolution is passed to charge them penalty then upto 5 times of the monthly maintenance can be charged . Alternatively the society can also chose to allow members to keep things without any fuss. Call is of the general body *********************** QW/VV/138/19.09.2015 Can you please tell me the percentage of stamp duty and registration fee to be paid for Gift Deed between Father and son as per new GR for

residential and commercial . Answer By V.VISWANATHAN Adv. Parag pimple was kind enough and has already answered it. However would just add little. If it's only a residential and agricultural land and if the gift is given by father to son then stamp duty is 500/- and registration fees is 1% of market value. Additional 1% is paid as Zilla parishad tax. Please note that the same is NOT Applicable is son gifts to father. Probably a lucna in the amendment . Good question .Type a message *********************** QW/VV/139/21.09.2015 Can we pay rs 10000 as a development fund to society for my two co owners are removed and we need to noc from society for mortgage loan. Pls suggest can we rs 10000 to society. Is it legally valid Answer By V.VISWANATHAN I am clear with your question . However from what I have understood is that you want to remove co-owners name by paying development fund of Rs.10000/- to society . If that's the question then answer is NO. As to remove name you have to pay stamp duty and registration and only after that and following proper transfer formalities can the name be removed and not otherwise *********************** QW/VV/140/21.09.2015 Our one of flat owner wants a car loan...for which he has put an application for NOC.... ( he has applied to a pathpedi bank) But he already has a home loan. Can we issue him this NOC?And if yes, in which way... And if NO...and what reason should be given to the flat owner for decline....Please suggest. Thanks and regards... Hitesh Patel Please send the answer on personal message also. Answer By V.VISWANATHAN I have never heard of NOC being given for car loan. Maximum some of the credit society may ask for confirmation of the person being the flat owner or member. If they are asking NOC for mortgage of flat for car loan and if there is already a housing loan going on from some other bank then not possible. However if the housing loan is from the same credit society then extension of lien is possible towards the car loan subject to member agreeing *********************** QW/VV/141/21.09.2015

Sir, What r duties/work of secretary/comittee after AGM? Plz convey...... Answer By V.VISWANATHAN Immediately after AGM draft minutes to be circulated and finalised within 3 months of AGM *********************** QW/VV/142/21.09.2015 In case a person made a will and registered, after His/her death whether succession/legal heir ship/1st class magistrate certificate is required it not. Please clarify. Answer By V.VISWANATHAN No. However if the will is made by a person from a metropolitan city like mumbai Delhi chennai Kolkatta then probate (confirmation from court) of will is required . For vasai not required *********************** QW/VV/143/21.09.2015 Sir is it mandatory to adopt new byelaws, suppose we are not adopting then what will happen Answer By V.VISWANATHAN After the amendment to MCS act 2013 it is mandatory to adopt bye laws on the lines of the act. If not the model bye laws then you can make changes in the bye laws as per the new act and passed it which will be big task for committee already doing job for free so better you adopt model bye laws . If you don't amend / adopt bye laws then the registrar either sou moto or upon complain deregister the society *********************** QW/VV/144/21.09.2015 Ques : Whether all Chartered Accountants can do audit of housing societies ? OR they must be on panel & get panel no. Answer By V.VISWANATHAN As per government directives even if a CA does audit it's not enough if he is not in the panel list of auditor . It's must *********************** QW/VV/145/21.09.2015 Question is : In agreement joint names are there and if 1st owner does not want to attend AGM meeting but 2nd owner wants to attend the AGM. Need to know if 2nd owner has to submit NOC from 1st owner to society or 2nd owners has to fill up some forms before AGM. Request to please guide on the issue if possible with any act or byelaws sr.no. Answer By V.VISWANATHAN

When there are two or more than one names in the agreement and other than first name others are treated as an associate member . The second and subsequent names should fill in form 7 and 10 A. Once that is done the associate member can attend meeting instead of the original member *********************** QW/VV/146/21.09.2015 Question: if society member are absent past 5 continue agm what action we should take? E.g Can society cancel there membership of pls help with by law number Please suggest appropriate action Answer By V.VISWANATHAN As per the new bye law if a member does not attend 5 consecutive AGM then he should be classified as non active member. Alternatively the general body can chose to pardon him. You cannot expel him by virtue of that. However a non active member is as good as non member you has no facilities . He can't even attend meetings till the time he becomes active member *********************** QW/VV/147/21.09.2015 Is video shooting compulsary for AGM? Answer By V.VISWANATHAN No. Not compulsory *********************** QW/VV/148/21.09.2015 if someones takes society's document home and refuses to give it back to society and have also claimed expenses for the same from society, what action society can take for the same. Person taking document home is not active member of committee and has no business to keep documents at home, thks Answer By V.VISWANATHAN The committee can do the following A. Send notices to him to return it back B. Complain to police station and deputy registrar about the same C. Pass a resolution in general body meeting to charge him penalty maximum being 5000/- D. Initiate expulsion procedure under section 35 for doing things detrimental to the interest of the society *********************** QW/VV/149/21.09.2015 What is the minimum number of owners / promoters required for a registration of society proposal?

Answer By V.VISWANATHAN 60% of the flat / Shop purchasers/ promoters are required to join the registration proposal if building is constructed by builder/developer. Once the same is done within 4 months from the sale of 60th% the builder has to initiate the registration process. *********************** QW/VV/150/22.09.2015 What is the rule to induct a new committee member. While few committee member intend to quit. Answer By V.VISWANATHAN Need to conduct election as per the new election rules of 11.9.14. Co option not allowed. Now on even if you have to appoint one committee member also then too the same procedure of election only *********************** QW/VV/151/22.09.2015 Is it mandatory to circulate AGM notice to each n every member?....or it's enough to stick on notice board. 2) is it mandatory to distribute balance sheet to every member before 15 days..... Answer By V.VISWANATHAN Circulation of audited financial statements with full audit report is must to be circulated to all members minimum 14 clear days along with notice to all members . Pasting notice can be in addition to this but posting is must *********************** QW/VV/152/22.09.2015 Dear sir, one of our member purchase flat on his wife name. Now wife wants to give authority to husband to attend all society mtng. How she will give authority to her husband? What was the procedure for this. Answer By V.VISWANATHAN Without name in the agreement no one is a member and therefore one cannot attend meeting . Even if it's between relatives only flat owner can attend meetings. Wife has to transfer either some or full rights in favour of husband do registration of document follow transfer formalities only then husband can attend meeting *********************** QW/VV/153/23.09.2015 Question:Builder allotted parking spaces to a member after registration of society. Do builder has such right? If so under which bye law No. Society planning to challenge builders action. Please advise. We r member of hsg. Federation. Answer By V.VISWANATHAN

Builders cannot sell parking space. However "allotment" is possible. In your given case even allotment is not possible as the society is formed and 4 months after society formation society becomes the owner of all the common areas. You have a good case on hand *********************** QW/VV/154/24.09.2015 How many signatures are required to be signed by promoters for registration proposal? Answer By V.VISWANATHAN 60% of the promoters who have joined the registration proposal are required to sign it. Along with that the copy of the registration receipt of their flat / shop / gala is also required. *********************** QW/VV/155/25.09.2015 A Building has less than 10 units in such cases whether Co-operative Housing Society can be registered? Answer By V.VISWANATHAN Cooperative Housing Society having less than 10 units can be registered subject to the following conditions: The built up area of each unit should not be more than 700 sq.ft. There should not be balance F.S.I and with the special permission from the government. *********************** QW/VV/156/26.09.2015 Since 2004 society has not presented any audit report. I am paying maintaince bill regulary since 2004 I have asked for audit reports many times. No audit report is shared till date. Can i stop the payment of maintaince bill? Please advise. Answer By V.VISWANATHAN You cannot say that if you do this I shall do that. The way conducting AGM and issuing audit report is the committee's duty similarly paying maintenance is your duty . Both are exclusive . You have to continue paying your maintenance and at the same time you can complain to registrar against committee for not giving the audit report. *********************** QW/VV/157/26.09.2015 Sir,Whether service Tax applicable in maintenance bill. Answer By V.VISWANATHAN If the monthly maintenance is above 5000/- per month per member the yes else not applicable

*********************** QW/VV/158/26.09.2015 Its not every time possible to fulfill as per bye law.Can committee take the suitable action favourable to all the members. Answer By V.VISWANATHAN Your question vague. I do understand following bye laws may be tough task however we have no other alternative . Follow the law..... By-law *********************** QW/VV/159/26.09.2015 If any owner not taking society permission before subletting his flat what action society can take against owner. Can amount of penalty of rs 5000 can be decided in agm. Is registered rent agreement is compulsory. Can society accept normal rent agreement which is not registered. Answer By V.VISWANATHAN For your information NO permission is required for giving the flat/ shop on rent. Only intimation is required to be given minimum 8 days prior to giving the flat / shop on rent is required. Payment of stamp duty and registration is must *********************** QW/VV/160/26.09.2015 Please advise if owner has rights to vote n fight mc election if he or she has given flat on rent and staying in different society. Answer By V.VISWANATHAN If a person is a active member then right to vote is always there. In my opinion right to contest is only to person who stays in the office. Some may differ this view. *********************** QW/VV/161/26.09.2015 Please advice if agm can b taken without audit report Answer By V.VISWANATHAN One of the requirement of AGM is placing the report of committee and audited financial statements without which AGM is not complete . Any person objecting to it would have a valid point *********************** QW/VV/162/26.09.2015 Since the audit reports are not avble, We could not go for AGM by Sept.15, What is the alternative action.? Should we inform Registrar and take extension.pl. Advise. Answer By V.VISWANATHAN AGM now on must be conducted by 30.9. There is no extension possible.

Technically you have to intimate the registrar about the same and he will depute his authorised officer to conduct the AGM. However in case you do so after 30.9. It will still be taken as valid AGM unless challenged in the court of law. *********************** QW/VV/163/26.09.2015 Pls also advise if income tax returns are compulsory. If yes pls advise if v have file income tax returns for last ten yrs. And what is the penalty if returns not filed. Answer By V.VISWANATHAN Return filing is compulsory and you can maximum file for 2 years. The income tax levy penalty of 5000/- per year for non filing plus can ask you to file pay taxes interest and penalty going upto 3 times of the tax amount . *********************** QW/VV/164/26.09.2015 If a person has bought a flat in cash from a member before society registration and has not paid NOC charges to the builder but has paid transfer charges to the society after society registration and society handing over. Can society accept him as a member and issue noc for name change at various places, issue share certificate , fill index forms. Answer By V.VISWANATHAN There is NOC charges required to be paid to builder. Infact there is no transfer fees also here as he is becoming the first member of the society and therefore there is no tranfser. He has to just pay 500/- share money and 100/- entrance fees. That's it. *********************** QW/VV/165/26.09.2015 Sir, if builder has allotted a parking place to a member, then for how many months the member can use the allotted parking place as in our society no of parking place is much lesser than the members. Answer By V.VISWANATHAN Parking is a perinial problem. Everyone is aware that builder cannot sell parking . However he can always "allot" parking spaces. If allotment is don't for life the member can use it *********************** QW/VV/166/26.09.2015 Please advice if agm can b taken without audit report Answer By V.VISWANATHAN One of the requirement of AGM is placing the report of committee and audited financial statements without which AGM is not complete . Any

person objecting to it would have a valid point. However the committee can place the unaudited balance sheet before AGM with a valid reason for delay . If the body agrees the same can be passed with a condition that the audited balance sheet is placed before the SGM sooner and later a SGM can be called on to approved the audited accounts and deviation if any from the unaudited accounts may be discussed. *********************** QW/VV/167/27.09.2015 Can A G M allow some member to extend length of half Balcony if yes how to regularize addition F S I OR must be approved first from MUNISPALITY Answer By V.VISWANATHAN The society / committee has no right / authority to allow any one to do any construction activity other than those as per approved plan which ought to have been done already by the builder *********************** QW/VV/168/27.09.2015 My query as under: Before Registration of Society members has sold the flat to another buyer and the buyer has again resold the same flat to another buyer this transaction happened without paying any transfer fees to builder. When builder has registered the Society he has given the name of 1st member in the application form. Now what is the procedure to regularise the documents of present member to became a valid member of society. Above all deals did by broker without informing builder prior to Registration as well as handing over of society to provisional committee. Pl advise. Laxman from Aster Building. Vasai West. Answer By V.VISWANATHAN Builder had and has no right to collect any transfer fees from owners. If the builder has mentioned the 1st owner only as a member even though on the day of registration there owner 3 of that flat means there was a misrepresentation before the registrar at the time of formation of society. For a practical solution and if it's a one of case and subject to agreement of general body you can take a indemnity bond from the present owner , take chain of agreements, application of membership fees, entrance fees , no transfer premium and admit the Present owner as member after verifying the original chain of documents . In case there is a loan after NOC from bank. *********************** QW/VV/169/27.09.2015 Wish to know, our accounts compilation has been delayed, we shd b able to gv the same by 31st oct 2015, what wud b its implications as iam gvn to

understand that 30 sept is last date for filing soc a/c's, yr feedback solicited in this regds Answer By V.VISWANATHAN accounts had to be audited within 4 months from the end of the financial year that being 31/7/ and AGM should be held by 30.9. techincally if the AGM is not conducted by 30.9. then the committee is required to call the registrar who will appoint an authorised officer to conduct the AGM. practically speaking you conduct AGM after 30.9. without authorised officer and it will be valid unless challenged. *********************** QW/VV/170/27.09.2015 can we get duplicate copy of OC issued by CIDCO?, if yes, what is the procedure? Answer By V.VISWANATHAN make an application to VVCMC under RTI using the BP (building permit ) number given in the CIDCO letter and you can get all the papers relevant to that BP file number *********************** QW/VV/171/27.09.2015 In commercial building .. Can the terrace be assigned to an individual premises owner for exclusive use by the builder ? Answer By V.VISWANATHAN Terrance and other common areas like, common internal roads, corridoor, play area, compound area all belongs to the society and builder has no right to allot the same to any one. *********************** QW/VV/172/27.09.2015 Is there any rule regarding how many years same sub-tenant can be kept in same flat ?? Is there any role of society in this regard ?? Answer By V.VISWANATHAN There is no rule or bar in keeping a sub-tenant in the same flat. he / she can be kept for any number of years. however per the evidence act if there is no claim and no dispute in any property for more than 12 years then the occupant can claim ownership over it. however in leave and licence agreement if you have a proper registered agreement no one can claim ownership over it. however on a safer side people prefer to shift / change the licence every three to five years and it is advisable also. *********************** QW/VV/173/27.09.2015 I m kotekar from Johova village RH CHS ltd, Vasai If member's wife wants to attend AGM, she is not associated member also

and she wants to make Hangama only so can we cancelled meeting at that situation Please advice Answer By V.VISWANATHAN she cannot legally attend the meeting as she is nor the member or an associate member. still if she enters the meeting the chairman / committee has full right to object it. however if still she insists and does not leave the meeting the committee can call the police to remove her. *********************** QW/VV/174/29.09.2015 A Building has less than 10 units in such cases whether Co-operative Housing Society can be registered? Answer By V.VISWANATHAN Cooperative Housing Society having less than 10 units can be registered subject to the following conditions: The built up area of each unit should not be more than 700 sq.ft. There should not be balance F.S.I and with the special permission from the government. *********************** QW/VV/175/01.10.2015 Our society is ten yrs old and share certificates are not yet issued. Now we are in process of issuing share certificate. While checking records we found that previous committee has issued 2 share certificates from share certificate book. And from another book 2 share certificate pages are missing without any record. Now in AGM held on 26 sept all agreed to pass resolution to cancell all previously issued share certificate. Pls advise if this is a right action if not pls advise correct action. Answer By V.VISWANATHAN This action is correct however there is lot of precautions to be taken before such action is initiated. to name few some members would have taken bank loan and share certificate would be kept there. in some members case member may not be alive, in some cases there is no loan of any bank however the member would have misplaced his original agreement. therefore there are many issues in this which needs to be addressed. i would be not in a position to explain this on whatsapp. request you to meet me personally in case you need my guidance else obtain proper professional help and understanding before starting the work. *********************** QW/VV/175/01.10.2015 Today every one takes a house on joint name may be for the purpose of loan or any other reason. They call themselves joint owners and not first or second owner. Tell me Sir from the society's point who is the member

Answer By V.VISWANATHAN They are definitely called joint owners and the moment you say joint then it is understood that one is first and the other is second. you cant have two first owners or two second owners. both have equally right over the property in case the share proportion is not mentioned in the agreement. if mentioned then it is in that proportion that they own. in respect of society matters the new act 2013 and bye laws have made many, if not all, things clear that by default the first owner has the right in the society however in case he is not interested he can relinquish his right in favour of second and second owner gets the right in society to attend meetings and speak, vote and contest. ownership and membership are exclusive even though both depend on each other. *********************** QW/VV/176/01.10.2015 Dear Sir our society hire advocate for Conveyance purpose. He confirmed the charges for Conveyance Rs 2500 and deem conveyance Rs 5000/-. ADVOCATE has already send Two notices to Builder,Registrar but we got written revert from Builder that he was only Developer and original Rights of land with Dewan...We also send letters to Dewan but still no revert from Dewan. Need your help to know whether this procedure is right to get conveyance ? As now we will submit all agreements of our society the Advocate for further course of action. Need your guidance in this regards. Answer By V.VISWANATHAN First and foremost the moment you appoint a professional you should have full faith and freedom to ask questions to them even if that amounts to questioning the professional himself. i shall explain the point to you. in normal course landlord sells the development right in favour of builder in exchange of handsome amount. the builder constructs the building on such land, sells the individual flats / shops and leaves with profits. now at the time of conveyance of land in such cases both landlord and builder has to be made as party to the conveyance as land is getting conveyed to the society which is recognised becuase of the building that is constructed by the builder. when they both cooperate to sign and registered the conveyance deed it is termed as a normal conveyance. and where atleast one of the party does not agree to sign then the matter goes before the District Deputy Registrar (DDR) who takes up hearing and passes appropriate order after calling on all the affected three parties namely builder, landlord and society. that is called deemed conveyance order.

thats the end of first stage. later the second stage you have to approach the collector of stamps for adjudication with all the agreement copies of the flats / shops owners of the society to get it verified if proper stamp duty is paid or not. later in the third stage you regsiter the conveyacne deed with sub-registrar office (SRO) and the final stage is 7/12 extract or the property card transfer. still in case you have any query please do meet me in my office to have better clarity. *********************** QW/VV/177/01.10.2015 what are rules in regulation In connect the power and other issue Last one weeks in society meeting and He told her me you are only for members can't do the authorities the members. Please the tell me a are society is correct the answer please Mr prabhu tell me you are any new rules in society. Please give me advise Answer By V.VISWANATHAN as per the new MCS act 2013 and bye laws in case you dont have your name in the property you are not termed as member and therefore cannot be the member and committee member of the society *********************** QW/VV/178/01.10.2015 The rules of conducting AGM by sept.30 Th is confusing.the answers given by you are also contradicting.this is my humble feeling. 1. Due to audit delays if the balance sheet is not made ready how the MC can be held responsible.? 2,under such circumstances after informing Registrar with facts AnSGM Can be conducted says Shri.Ramesh Prabhu in a earlier answer.Can we go for SGM? 3,the MC Is tenured for 5 Years.then why go with a voters list to Registrar for AGma's As per Shri.Jain? For every AGM voter's list is needed? 4,if AGM could not be conducted by 30th Sept what is the correct/exact recourse? with warm regards Answer By V.VISWANATHAN There was no contradiction only thing is the matter was not cleared to you properly. i shall try to explain to you to the best of my ability regarding accounts..... nomally the audited financial accounts has to be placed before the AGM every year and AGM needs to be conducted latest by 30th sept every year. in case Audited financial statements are not present what prabhu sir mentioned is you may place the unaudited financials before the AGM and later when the accounts are audited call a separate SGM to approve such audited accounts which may happen well after 30th sept.

there the committee should explain the deviation in audited and unaudited accounts if any.... there is no recourse or extension available for AGM beyond 30th sept. however all the actions taken at an AGM held after 30th sept will continue to be valid UNLESS CHALLENGED. hope i have made the AGM and accounts matter clear. regarding elections the same has to be held once in five years only. the voter list is not required every year in the AGM... only in the year in which elections are due that year the elections may be held in AGM and therefore the list in that AGM. else not required every year. *********************** QW/VV/179/01.10.2015 In one of my friends society elections are to be conducted in December. Since July there is a cc There is a caretaker committee. Can this committee call an agm . Some members are objecting this move. Please advise. Also can this committee go ahead with transfer of nomination in case of death of a member. The committee needs an advice on the same too. If not when will the transfer of shares take place. Kindly advise. Answer By V.VISWANATHAN Till the time regular elections are not conducted the existing committee remains as the proper committee and they have all the rights . However it is advisable not to take major decisions by the committee alone. Transfer / transmission of shares is not a major decisions which such committee can take. There should be any problem in it. *********************** QW/VV/180/01.10.2015 Please advise if a member own a flat on Husband as well as on wife name can they both attend ANUAL GENRAL MEETING or only one is allowed or a first name is allowed to allowed. To vote or one can only be allowed Please advise on the above we can stop other members wife to attend AGM on a single name Answer By V.VISWANATHAN In case of joint owner the first owner is the member and the second owner is termed as associate member as per new bye law and MCS act 2013. In normal course only the first member is allowed . However in case he cannot and he can authorise the associate member to attend . Both cannot attend *********************** QW/VV/181/06.10.2015 A Building has less than 10 units in such cases whether Co-operative Housing Society can be registered?

Answer By V.VISWANATHAN Cooperative Housing Society having less than 10 units can be registered subject to the following conditions: The built up area of each unit should not be more than 700 sq.ft. There should not be balance F.S.I and with the special permission from the government. *********************** QW/VV/182/06.10.2015 Can a society be still registered if the builder does not register a Co-operative Housing Society? Answer By V.VISWANATHAN The 60% promoters can come together and apply the DDR who shall pass an order and later send it to respective Deputy Registrar for formation under the non-cooperation category. *********************** QW/VV/183/07.10.2015 Whether the Chief Promoters has got authority to withdraw the money deposited in the bank opened in the name of proposed CHS and he being the signatory? Answer By V.VISWANATHAN No. The Chief Promoter has no power to withdraw the money. However in any case if the society is not registered and / or before registration of the proposed Cooperative Housing Society can be withdraw the money with the permission of the Registrar. *********************** QW/VV/184/09.10.15 Piz.reply when some members has objection on audit repor & they demanded for reaudit what should managing committee to do? Answer by V.Viswanathan For re audit process there has to be valid reason which should be minuted in the general body resolution. Later the same should be sent to DDR who in turn will call for hearing and decide. Once he agrees depending upon the case auditor will be appointed as per panel and the complainant has to deposit the re audit fees *********************** QW/VV/185/10.10.15 Hi i would like to know when we purschase a resale flat what is the amt which needs to be paid as transfer fee and membership fee Answer by V.Viswanathan Transfer fees Rs 500/- entrance / membership fees Rs. 100/- and transfer premium maximum of Rs 25,000/- same for flats and shop

*********************** QW/VV/186/10.10.15 Can u also explan what does transfer and membership consists Answer by V.Viswanathan Shall try to answer as the question is quite vague. Transfer means transfer of interest in shares of the society from one member to another and membership means application for membership directly at the time of inception of society. *********************** QW/VV/187/12.10.15 Top floor flat if there is leakage from roof is the society is responsible to bear the internal repairing cost and painting works. One member state 160A it is soc. responsibility. Plz explain us. Rgds Answer by V.Viswanathan If there is leakage in the top floor flat from the terrace then it is the responsibility of the society to repair it *********************** QW/VV/188/12.10.15 I had paid a total amount of Rs 22600/- towards transfer premium, membership and transfer fee. But society committee reluctant to provide to this effect and says that we have taken the amount as donation to society. Is it in order? How can I obtain d receipt from d society for the actual cause I paid? Kindly help me to solve d issue ? Answer by V.Viswanathan I presume that you have paid the said sum by account payee cheque . Now you mention the same through a letter tot the society that such sums are paid as transfer premium. Also still if they don't give you membership you can apply under section 22(2) / 23 for membership to the deputy registrar and obtain membership *********************** QW/VV/189/12.10.15 This is Dewan No.6 Premises CS Ltd. Membership No.T-1875. One Gala in our Society is unauthorisdly using Acid in the Gala. Members were objecting to the usage citing irritation in the eyes; breathing problem; corrosion of metallic items on vehicles; water taps etc. Repeated requests verbal/written did not bring any change in him. AGM had also passed Resolution prohibiting use of Acid in the Society and communicated to him. Can u please guide us as to whom to complain about this to ensure that the Gala stop usage of Acid in the Society premises ? Answer by V.Viswanathan

Usage of strong acids are and should be prohibited in society. It is good to learn that you have passed such a resolution in general body . Meanwhile after writing letter to such members please write to police station and deputy registrar and also vvcmc health department *********************** QW/VV/190/14.10.2015 From: K.A.Desai mob: 9890662512 If a member of society staying at other society permanently but he attend the AGM every year, now wants to become a committee member, can he contest the election? As he is not staying for long time. Answer by V.Viswanathan If a person does not stay in the area of operation that's the society then he can't contest election. However if he is staying now then he can contest. Just because he was not staying for long time does not disqualify him. *********************** QW/VV/191/16.10.2015 Sir, What r the options available to Co-op. Societies to recover outstanding maintenance from members. One option is u/s 101. Is there any other option ? What is the effect ? What is the normal charges for recovery procedures and who bears the charges/costs ? Thanks - OM Vijayan Answer by V.Viswanathan You can approach cooperative under section 91 however that may not with stand without exhausting resource of 101. *********************** QW/VV/192/17.10.2015 Sir, Can we give a special concession to the seniors. Citizens Rs.100/- in the maintainance bill to the member completing 60 years . Answer by V.Viswanathan Management of the society is at the full discretion of the general body and the managing committee. They can decide what's best for the society. I see no reason why such concession cannot be given. However "reservation" of any kind may be dangerous and contagious. Today it's is senior citizens tomorrow it will disable and only hope any particular race of persons should ask reasoning it. All the best *********************** QW/VV/193/17.10.2015 Hi sir, good morning. Sir one of our society member wants to change his name in society record . What requirment he ahould complete for this. Answer by V.Viswanathan Changing name of a person if major can be done by giving an affidavit

registration of declaration and publishing in the official gazette. Once it's done you take a simple application with all the true copy proofs and pass a resolution in managing committee and change it *********************** QW/VV/194/20.10.2015 Dear .. Ours building was constructed in 2005 .. For initial 8 months builder has collected maintenance .. After that committee was formed to handle society operations but it was not registered as society at that time .. In 2010 we formed society under MCS Act .... One of our member has not paid maintenance from 2005 till date .... Does society has right to collect maintenance from that member for duration of 2005 to 2010 or we can collect maintenance after society formation only i.e. 2010?? Please guide in this regard. Answer by V.Viswanathan The society has right to Collect maintenance only from the day it is formed and not earlier. Therefore here the right to collect maintenance is only from 2010. *********************** QW/VV/195/20.10.2015 Sir,can u clear me wheather a member of a society who has 3 Children after 2006 can contest society election ??? If its no, then on which act or byelaw this provision exist?? what is the year after the more than three children of a member is denied to contest the election?? Answer by V.Viswanathan Any member having more than two or more children is disqualified to become a committee member. Please refer to section 144E(1)(d-1) of the MCS act since 2001. *********************** QW/VV/196/22.10.2015 What happens in case the registration proposal is rejected? Answer By V.VISWANATHAN Such rejection order can be challenged by filing appeal under section 152 of the M.C.S. Act 1960 before the Divisional Joint Registrar C.S. of the concerned Division. *********************** QW/VV/197/22.10.2015 What the circumstances are for de-registration of a Cooperative Housing Society? And under which section? Answer By V.VISWANATHAN If the society is registered on the misrepresentation made by the

applicants, or the object for which the society was formed is completed or exhausted or the purpose for which the society has been registered are not served. De-registration is done under the provision of Section 21-A of the M.C.S. Act. *********************** QW/VV/198/23.10.2015 Is there any circumstance under which the registration of the CHS can be cancelled? Answer By V.VISWANATHAN Registrar can cancel the registration of CHS under section 21A of the M.C.S. Act under the following circumstances: a. If a CHS transfer the whole of its assets and liabilities to another society or. b. Amalgamates with another society, or c. Divides itself into two or more societies or, d. Liquidation proceedings are terminated under section 109. *********************** QW/VV/199/23.10.2015 What is the registration fee required to be paid for registration of a Cooperative Housing Society? Answer By V.VISWANATHAN The applicable fees for formation is housing societies are: - a. Tenant Co-partnership /ownership CHS Rs.2500.00 b. Other (General) CHS Rs.2500.00. All fees to be paid online only. *********************** QW/VV/200/25.10.2015 Is it must for promoters to submit their applications for membership to the Chief Promoter before registration of Cooperative Housing Society? Answer By V.VISWANATHAN Yes, all the promoters should submit their application for membership to the Chief Promoter before registration so s to enable him to undertake about receipt of application for membership in the prescribed "Y" form to be submitted to the Registering Authority. *********************** QW/VV/201/25.10.2015 What is the remedy if Chief Promoter fails to deposit the share money and entrance fees collected from promoters in the Bank? Answer By V.VISWANATHAN Failure of Chief Promoter in depositing share money collected from promoters of proposed CHS amounts to an offence u/s 146 of M.C.S. Act and the Chief promoter can be prosecuted in the court of law with previous

approval of Divisional Joint Registrar of concerned Division u/s 148 of the Act. *********************** QW/VV/204/27.10.2015 Who is required to convene the first General Meeting? Answer By V.VISWANATHAN The Chief Promoter of the society should convene the first General Meeting of the members. *********************** QW/VV/205/27.10.2015 What is the remedy if the first General Meeting is not called by Chief Promoter in time? Answer By V.VISWANATHAN Upon failure of the Chief Promoter to call the first General Meeting of the society in time, the concerned Registrar can call for the meeting upon complaints given by the member/s of the society. *********************** QW/VV/206/28.10.2015 What are businesses to be transacted in the first General meeting? Answer By V.VISWANATHAN The agenda for the first General body meeting is fixed by the bye law no. 87 a. There are about 10 items. Among others some businesses are enumerated below a. Election of a president b. Admission of new members, if applications are received. c. Receiving a statement of accounts and report stating all transaction entered in by Chief Promoter up to 14 days before the meeting. e. Constitution of provisional committee for a period of one year. *********************** QW/VV/207/28.10.2015 Who’s duty is it to convene the AGM? Answer By V.VISWANATHAN Rule 60 of the M.C.S. Rules cast responsibility on the secretary of the society to convene the AGM *********************** QW/VV/208/29.10.2015 Who is responsible to ensure the AGM is convened within the stipulated time? Answer By V.VISWANATHAN Bye law No 139 (17) provides that the committee of the CHS should ensure the holding of AGM within the prescribed period.

*********************** QW/VV/209/29.10.2015 What is the business to be transacted in AGM Answer By V.VISWANATHAN Among others, the following business is required to be transacted in AGM a. To receive a report of the committee together with statement of accounts for the preceding cooperative year/years. b. To consider audit report received from the Statutory Auditor for the previous Cooperative year/years. c. To declare the result of election if held prior to AGM d. To consider the appointment of Statutory Auditor. *********************** QW/VV/210/30.10.2015 Sir good morning If any member has lost his original share certificate ,can the society issue a duplicate share certificate? If yes then what is the procedure?? Pls reply .Thanks. Answer By V.VISWANATHAN Obtain an indemnity bond on Rs. 200/- stamp paper and a simple application. Also paper notice is advisable to be issued in two local newspapers. Receive the charges of Rs. 50/- later pass the same in managing committee resolution and issue a duplicate share certificate *********************** QW/VV/211/30.10.2015 We have passed one resolution in AGM which states fine of rs 100 will be charged if any four wheeler vehicle is parked in society premises. Now we have recieved a letter from one of our member objecting this resolution. His letter says that resolution is passed by non members who are not supposed to attain the meeting and he will not pay any fine. On checking minutes book we found that 50% of the people were non members. I.e spouse of the member. Even that resolution of car parking is proposed by member n seconded by non member. Pls advice can we go ahead and still charge fine. Answer By V.VISWANATHAN Since non members attended the meeting in large numbers the resolution passed cannot be taken on record. It is better to call a meeting again and pass proper resolution. Until then don't use such resolution *********************** QW/VV/212/30.10.2015 Dear Mr. Vishwanathan Sir ... Please reply to my following query : Ques.: Whether society which is not yet registered but handed over by

builder few months back can collect transfer fees if flat is transferred. Answer By V.VISWANATHAN There is no transfer fees or premium applicable if there. Is no society. Therefore no question of collection of the same by builder or the under registration society. Not applicable at all *********************** QW/VV/213/30.10.2015 What if any member go to co operative court against the decision of AGM and made complain against the society as well as on the committee members? Kindly suggest. Answer By V.VISWANATHAN Any resolution passed can be challenged in cooperative court only under section 91of the MCS act. Any member can do so. The society has no option but to defend the same in the court. *********************** QW/VV/214/30.10.2015 Sir

AGM Meeting AGM minutes document Ragistar office la

submit ?

acknowledgement

Answer By V.VISWANATHAN Yes. The minutes of the meeting along with approved financial statements has to be submitted to deputy registrar *********************** QW/VV/215/30.10.2015 Sir Member who does not stay in society, can he posses any post of office bearer? Answer By V.VISWANATHAN No. If a member does not stay in the area of operation that's the society then he can't contest election of the society *********************** QW/VV/216/30.10.2015 One of our society members wants an noc stating that her daughter is staying with her.. But actually speaking she is In abroad..kindly advice can we issue such NOC.. Answer By V.VISWANATHAN Simple it's manipulation and wrong doing. Simple application of mind is required that you should not give any such NOC as you and other members

may land in problem. Don't do it *********************** QW/VV/217/30.10.2015 Pawan paradise chs is member of your federation .Sir origional share certificate is not signed by secret.andchairman .of that time. That chairman has sold the flat and secret .staying at mumbai. The Present sec . and chair. Can sign.the original share crtificate.pl.advice Answer By V.VISWANATHAN If the share certificate was not issued earlier to any one then the present committee members can issue the same. *********************** QW/VV/218/30.10.2015 Question to Mr. Prabhu- Whether the society should write name of current owner of any flat in share certificate(front side) or we should maintain chain by writing name of first owner who has purchase the flat from builder. Sir,if any member is requsting to add new name in share certificate which is not there in Registration Deed, what society to do? What is a procedure for the same. Answer By V.VISWANATHAN Always on the day of registration of the society which ever person is the owner of the flat or shop becomes the first member of the society and his name should be written on the front of the share certificate. The subsequent transfer should be endorsed on the back side of share certificate. Very clear that the person who's name does not stand on the agreement then his name should not be added in the share certificate *********************** QW/VV/219/30.10.2015 If owner is not staying in society and given flat on rent, Can owner park his old car in open space or shall society can remove his car Answer Normally if a person does not stay in the building then he should not Park his vehicle in society. However if the society has space to park then should be OK subject to general body agreeing *********************** QW/VV/220/30.10.2015 Committee decides on it's own to close our individual overhead tap when they find we have gone out and not at home when they release the water for the day. What action can be taken against the committee for this? Answer By V.VISWANATHAN Ideally first write a letter to the committee to find out the actual reason for

doing so. If they have purposefully done it then ask them to ask for forgiveness. Take up the issue before the general body meeting whenever it happens. Don't get into litigation as that time the concerned member was not at home and mostly the committee would have done in the interest of the member and society *********************** QW/VV/221/30.10.2015 Dear sir, I was the chairman of siddhi homes co op society last FY. Even after the accounts got approved in AGM, I want to do 're auditing of my society accounts as I came to know some vertual entries passed for certain payments. Under which section can I do so. Pls suggest...Regds. Dharmendra. Answer By V.VISWANATHAN For initiating re audit one has to have a concrete evidence and reasoning for the same. If available then you have to make a complaint before the district deputy registrar at thane. He will decide whether it's a fit case of re audit or not and then ask you to deposit the audit fees in Govt treasury if found positive for re audit and layer appoint a Govt auditor *********************** QW/VV/222/30.10.2015 +91 90293 16599: Hello sir, can you tell me what is annually audit fees

each flat we have 48 flat in our in our society Regards santosh +91 90293 16599: What is the minimum & maximum limit Answer By V.VISWANATHAN For vasai area minimum is rs. 75/-per member per annum. Maximum no limit *********************** QW/VV/223/01.11.2015 Dear sir,one of our society member requires NOC from society for banking purpose..but the member has outstanding maintenance due on him...can we still issue noc Answer By V.VISWANATHAN Even though legally the noc can be given is that noc does not speak about no outstanding dues. However it is opportunity for society to make hay while the sun shines. Pressure that member to pay dues before giving NOC *********************** QW/VV/224/02.11.2015 Dear vishwanath our society had conducted elections in December 2014 and I was selected as secretary from flat A303 of which my wife is a joint member. My mother a member of flat A304 expired in June 2015. As I was the nominee the flat got transferred in my name. Now I want to make my

wife an associate member from flat A303 of. which I have been selected as secretary. Can I remain as secretary from flat A304 instead of A303 (. from where I was selected as secretary) or is there any other procedure which our society has to follow. Answer By V.VISWANATHAN The primary condition to become the committee member of the society is that you have to be the owner of the flat in the society. You are the owner of flat no. 303 along with your wife who is an associate member. Now the shares in respect of 304 were transferred in your name upon demise of your mother. However I presume that you have not followed the required ownership procedures of approaching competent court to get ownership over flat 304 therfore in my opinion you are not the owner of flat 304 and therefore you not eligible to become committee member by virtue of 304 but only 303. *********************** QW/VV/224/03.11.2015 As per the Nomination Deceased person; Shares has been transmitted to the Nominees name. Now Nominee wants an NOC from Society for transfer of Electricity Meter. Can society issue an NOC stating that she is a Bonafide Member? Society can issye a general letter statng that He,/She is staying last so many years. Please advise Answer By V.VISWANATHAN Time and again I have replied such queries that nominee does not become the owner of the property but is only a custodian or a caretaker of flat. There should not be any issue in giving noc to member for electricity meter transfer. Similarly no issue is stating that he stays in the flat for so many years if he actually was staying. By that he does not become the owner of fkaty *********************** QW/VV/225/04.11.2015 Due to any reason if the general body meeting is not concluded on the same day then what is the recourse? Answer By V.VISWANATHAN If the business on the agenda of the general meeting of the CHS is partly transacted then the said meeting shall be postponed to any other suitable date, later than 7 days but not later than 30 days from the date of the meeting as may be decided by the members present at the meeting. *********************** QW/VV/226/04.11.2015 Can a AGM be adjourned due to want of quorum ? Answer By V.VISWANATHAN

Yes, an AGM can be adjourned for want of quorum To the time as may be specified in the notice on the same day or To a subsequent date, not earlier than seven days. Holding of adjourned meeting will not required quorum. *********************** QW/VV/227/05.11.2015 What business cannot be transacted in AGM without due notice ? Answer By V.VISWANATHAN Any major business not mentioned in the agenda cannot be transaction. However the following business cannot be transacted in AGM without due notice a. Expulsion of members of the CHS b. Amendment / adoption of bye laws c. Bifurcation, amalgamation, division of the CHS d. Transfer of Property of the CHS like land conveyance *********************** QW/VV/228/05.11.2015 What is the minimum period of notice of AGM Answer By V.VISWANATHAN 14 clear days notice is required to be given for calling the AGM. That is to say excluding the day on which the notice is issued and the day of AGM scheduled. *********************** QW/VV/229/15.11.2015 Whether AGM is treated as invalid if the notice is not served to any members of the CHS? Answer By V.VISWANATHAN Conducting general body meeting is a democratic process. It cannot be treated as invalid unless and until such order are passed by the Cooperative Court. *********************** QW/VV/230/15.11.2015 What is the period for finalizing and audit of accounts of the CHS Answer By V.VISWANATHAN The society has to conduct the audit of the accounts within 4 months from the end of the financial year. *********************** QW/VV/231/16.11.2015 What remedy is available if the AGM is not called before 30th of September? Answer By V.VISWANATHAN

As per the new amended act there is no recourse for the Committee of the CHS to go for extension. In case the Registrar receives any complaint about the same then the committee is liable to be dismissed and debarred from contesting election for 5 years and the general body to be conducted by the authorised officer so appointed by the Registrar. *********************** QW/VV/232/16.11.2015 How can one challenge the resolution of the AGM? Answer By V.VISWANATHAN Resolutions passed in AGM may be challenged in the Cooperative Court under section 91 of MCS Act 1960. *********************** QW/VV/233/17.11.2015 What remedy is available in case resolutions are not recorded modified altered deleted etc.? Answer By V.VISWANATHAN Only remedy available is to file a dispute under section 91 of the MCS Act 1960 before the Cooperative Court. *********************** QW/VV/234/17.11.2015 In case if the resolution passed in AGM/SGM are neither stayed nor set aside by Court then is the resolution so passed binding on the members / society? Answer By V.VISWANATHAN Resolutions passed in AGM/SGM remains in force unless and until stayed or set aside by the Cooperative Court. *********************** QW/VV/235/20.11.2015 We have to purchase one flat in Vasai.for Daughter. Bank loan is sanctioned from ICICI BANK. But they says since income of daughter they consider we can't add name of either mother or father in Flat Agreement For Sale. It Wl be Solely in Daughters name only.Her age is 24, Now what shall we do for additional safety of our daughter after marriage. Can we add any ones name as co applicant / co owner after taking possession of the flat. With consent of builders. Pls guide me. We have to finalise the sale deed. Kindly give prompt reply on Priority basis very urgently please. it's a Humble Request to you Sir. Answer By V.VISWANATHAN Normally after taking a loan from bank there cannot be any addition or deletion of names in the property without the banks consent. I suggest you

add the required name before getting the loan. *********************** QW/VV/236/21.11.2015 Please let us know ,can society allow to increase of F S I to ltd members , Builder has made many irregularties in construction for an example all the Balconis in the plan is half but in actual only front Blconies r half they have two Balcony one is half and other is full in actual only , the dispute is member in the centre also demand to construct /extend length the length on same type of beam where front side members has extended, OLD AGM has permited to all members AND resulation is still in tact not cancelled, CAN PRESENT MANAGE COMMITTEE ALLOW TO ONLY SOME /FRONT SIDE MEMBERS Answer By V.VISWANATHAN The society has no right to allow it's members to do any construction. For that the Competent authority is the municipal corporation. Can't do it. *********************** QW/VV/237/22.11.2015 Is any regulation to occupy flat by three family,it has become a nuisance ,Riksha/Bajiwala by a flat and occupy all surrounding area even the sleep out side by useing mosquito net. Answer By V.VISWANATHAN One can't regulate the number of family members of a member. If a person has 10 member in a family he is allowed to stay. You can't do anything in it. In case they. Sleep in the society area then you pass a general body resolution restricting the same and also charging fine for repetition *********************** QW/VV/238/23.11.2015 Husband and wife are joint owners of a flat. They have one son and two daughters. Husband passed away and had not made any will. The Family members have mutually decided among themselves that the flat should be given to son. My question is what procedures has to be followed so that the son not only become the member of the society but he gets the ownership of the flat. Answer By V.VISWANATHAN Ownership can be decided only by succession to be decided by court or first class magistrate. Till the time a person is not the owner he cannot be a member that's the law. However for practical purposes I suggest that the legal heirs should come and execute a release deed and register it. Plus the legal heirs formalities may be followed as per bye laws. The procedure is already mentioned earlier. Please check our FAQs

*********************** QW/VV/239/24.11.2015 I have 1 query if a flat is registered in the name of husband & wife jointly. Society records also mention the same along with share certificate which also has both names. If there happens to be a death of 1 of the owners eg. Husband, what is the procedure to transfer share certificate into a single name by cancelling the deceased persons name? Answer By V.VISWANATHAN We have already replied such queries many times. Request you to go through our FAQs *********************** QW/VV/240/25.11.2015 We are ground plus two society ,problem is top flat owner have modified their flat as to their need and some of them has changed the floor tiles as a result the floor has started leaking and beam is effected, when complaint is made they force the first floor to share the expence,this problem has arised only after modification please advise they enjoy the tarace advantage leakege done by society but on their misconduct /failour we r punished. Answer By V.VISWANATHAN There is no law stating that both upper and lower floor members should share the expenses. Logically and legally the person who has created the leakage should pay for it. You should fight it out. *********************** QW/VV/241/26.11.2015 Dear sir one of our society member keeping their personal belongings in society compound, we have insisted him to remove in 15 +15 days (2 reminder), he is not bothering to remove it. Committee has decided to charge penalty for the same. Under which rule/section/bye law committee charge the penalty and what would be the penalty quantum? Please help? Answer By V.VISWANATHAN A society can charge penalty for occupying it's premises subject to approval of general body. As per bye law no. 165/166. Before charging penalty issue a show cause notice Quantum of penalty for occupation of society premises is five times of maintenance *********************** QW/VV/242/27.11.2015 Dear sir in our 45 members society we have 10 flats given on rent. None of them have submitted registered rent agreement inspite of giving 2-3 reminders. They have given normal rent agreement which is notarised. Pls advise what action committee can take against them.

Answer By V.VISWANATHAN Registration of leave and licence agreement is compulsory. Payment of stamp duty and registration is must. In case members don't do it then write compliant to collector of stamps, deputy registrar, municipality Also you can charge penalty after approving in general body meeting *********************** QW/VV/243/30.11.2015 One of the member parks his commercial vehiclw i.e. tempo in the society premises. Pls advise if parking of commercial vehicle is allowed in society. pls advise under which section of society act we can send notice to him to not park his commercial vehicle in society. Answer By V.VISWANATHAN As per bye law parking charges can be charged by the general body. The society can decide whether to allow commercial vehicle or not. If the society decides not to allow commercial vehicle then still if someone charges then penalty can be charged *********************** QW/VV/244/01.12.2015 I want to ask u that one of our society member is defaulter,announced in AGM.he has three vehicles 1 fourwheeler & 2 two wheeler.he is purposely torture other people by blowing horn loudly n making full volume of music system in car. As he is defaulter,can we ask him not to park vehicle inside?plz suggest Note-we already posted a written complaint against him to Registrar. Answer By V.VISWANATHAN Even if he is a defaulter he will continue enjoy the benefits of parking. However you can pass a general body resolution that if someone's more than 3 months maintenance is outstanding then the society will not allow member to park (just an example). Here even though technically it may be wrong but to prove that one has to go to co operative court only against any general body resolution. Secondly registrar cannot do much in this. For this you have to complaint to local police only. *********************** QW/VV/245/02.12.2015

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Answer By V.VISWANATHAN Need to understand with the approved plan. If the overhead and under ground water tanks are separate and electricity supply is separate and sewerage tank is separate then possible. However request you to meet me with all the approved plans and other building related papers. *********************** QW/VV/246/03.12.2015 We are member of rashmi reshidency .lank road .there builders mantanance arriars around rs.1.5 cr what can do the society please advise. Pradhan .vasai east Answer By V.VISWANATHAN File a recovery case under section 101 of the MCS act with deputy registrar after giving him the required notice to him *********************** QW/VV/247/04.12.2015 Pankaj Sharma: Hi Vishwanathanji, my parents purchased a flat in 1984 and there was no provision of stamp duty at that time , my queries are do we have to pay stamp duty at this point in time as a mandatory process or is it compulsory to do it. Secondly what is the procedure of having a nominee on the same sale/agreement deed. Adding to the question , the legal formalities were followed in purchasing the flat. Answer By V.VISWANATHAN Since the flat was purchased prior to 10.12.1985 no stamp duty is required to be paid. Nominee means in your case your parents can appoint say you that after their death the membership of the society may be transferred to you. *********************** QW/VV/248/04.12.2015 Can housing society collect celebration funds as part of monthly maintenance? Dear Sir, Our Society is thinking of collecting Funds for welfare functions like ganesh festival, durga pooja, annual sports, etc from all flat members under regular monthly maintenance. Earlier this was collected voluntarily from willing flat owners. Although funds are for cultural welfare I want to know whether it is permissible under Society bye laws. Please reply by

email and oblige. Answer By V.VISWANATHAN After passing the required resolution in the general body meeting the society can charge and collect such funds in the maintenance bills *********************** QW/VV/249/04.12.2015 In the month of august our society ask to take Election, till date we didn't get any reply from election office-officer one of our body member is moving from our society, now what to do? Shall we select replacement for him from our end. Answer By V.VISWANATHAN Nothing but you have to follow up with registrar. You cannot appoint any one on your own. Secondly I believe that there is a bright chance that you have not followed the correct procedure. Firstly you should have on line registration. You should have user name password and the same should be validated by registrar. Later you have to submit form E-2 and E-3 that needs to filled and submitted to registrar. Unless you do this the registrar is not authorised to initiate election of your society. Check what you have done before anything *********************** QW/VV/250/04.12.2015 Dear sir, Builder has provided 2 water connection from tank on terrace to 1 flat owner. As we understand VVMC gives only single water connection for 1 flat with charge of 120 rs. Does society has right to terminate one connection of that flat ?? What is the procedure for the same ?? Answer By V.VISWANATHAN You are mixing up two things here. Vvcmc gives one connection for 15 flats or multiples thereof and that comes from the municipal water common tank to the under ground tank of society. From the over head water tank of society the builder can give any equal number of connection to individual flat. Hope now it's clear. *********************** QW/VV/251/04.12.2015 Sir in my soc flat has been sold since 2 yes bt not transfered in society is it legal or not. Answer By V.VISWANATHAN Membership and ownership are two different things. Also obtaining membership is a person's right and not duty. I may choose not to become a member of the society and still be the owner of the flat. ***********************

QW/VV/252/04.12.2015 Sir, There is compulsory to give Diwali Bonus to society's sweeper, if she joined from August 2015? We paid her Rs. 1500/- for monthly salary. If yes, so how much we paid her? Answer By V.VISWANATHAN Labour laws are applicable only if you have 20 or more employees else no. *********************** QW/VV/253/04.12.2015 Dear Mr Vishwanath We the members of sea green chs faced an deliberate situation last week, One flat owner who is not staying here in society allowed some of his colleagues to come and make merry or party in his flat for overnight stay without information to any committee member,and whole night they created a Ruckus in the society and on asking became more violent so as to compelling us to call the police The police came and took all couples away and later released by paying a huge amt of fine.Now so far the concerned member has not responded to any of our msg What action can be taken against him Answer By V.VISWANATHAN Approaching police is the only option. If they don't respond your have to go to court for their inaction. Meanwhile call a special general body meeting on the issue and pass a resolution to discontinue various services that are being given to that flat except water but after giving proper show cause notice. Also you can charge penalty after passing general body resolution *********************** QW/VV/254/04.12.2015 A member of our society has expired without leaving any nomination. One of his sons has filed an application for membership of the society and for transfer of shares and interest of the deceased member. For this he has submitted appendix 35, appendix 19, appendix 3, appendix 14, notarized affidavit by the legal heirs, paper notice & copy of the death certificate. Is these documents sufficient & can the property be transferred to the deceased members' son ? Answer By V.VISWANATHAN I have replied to queries umpteen number of times. Request you all to also go through the FAQs on our website for revision. Yes it's OK for transfer of membership and not ownership of property. For that you have to obtain succession certificate *********************** QW/VV/255/04.12.2015

Wish to know, Ms. Shanti aged 70 yrs, unmarried has died, she has nominated her nephew in society nomination form, so now the nephew wishes to incorporate his name as the owner of the flat, what is the procedure for the same, pls guide. Answer By V.VISWANATHAN Same as abo *********************** QW/VV/256/05.12.2015 Father having flat in building and son used to stay with him. Now son has taken flat on rent in next building and continues to park car in dad building which is permanent and communication address as well. Now society has asked for clarification and why parking should not be allowed to son. So we want to know what legal remedy father son has. Can society stop parking? Answer By V.VISWANATHAN It will difficult for the society to defend this as the car is in the name of immediate family member. And the other person is a family member. The only possible thing here I see is that the society should pass a resolution in general body that in such cases parking will not be allowed. That will be applicable to all members. In case anyone wants to challenge it then the option remains under section 91 cooperative court only. Otherwise nothing. Incidentally as per the new bye laws the parking policies can be decided by the society in their general body *********************** QW/VV/257/06.12.2015 If I am having bank loan against flat,the society deny to giving share certificate to me,society said ask the bank person to come and collect the certificate Is it ok Answer By V.VISWANATHAN Generally when a loan is taken by a member of society he obtains a NOC in the banks format from society. In normal course the format takes confirmation from society that they will not allow anyone to transfer the membership plus also state that share certificate if not issued would be issued to the bank directly. The society is correct in not giving it to the member. However they cannot expect the banker to come and take from them. It's becomes the responsibility of the society to deliver it directly to the bank if not then for practical reasons they may retain the original share certificate with them but no circumstances can they give it to the member *********************** QW/VV/258/06.12.2015

A society member who stays at ground floor ,has asked to convert his living room's window into his front door, do society has any authority to approve this? Or Answer By V.VISWANATHAN No. The society has to authority. Once the plan is passed, building is constructed then the society has no locus standi to issue any NOC for any structural changes even though in practice it goes on *********************** QW/VV/259/06.12.2015 Have few queries. 1�Apart from the transfer fee what are the additional fee for a new entrant to a society. 2� can society charge transfer fees more than 25000. Thank you. Answer By V.VISWANATHAN The society cannot charge transfer premium of more than 25000/- under any circumstances. Additionally they have to charge Rs. 500 towards transfer fees and Rs. 100 towards entrance fees. Nothing more than 25600/-in totality *********************** QW/VV/260/065.12.2015 Sir, pl guide Our scty was formed in 2005, it is a registered society plot. But the Share certificates are to be issued now. 4-5 members are new in scty, can we directly issue share on this date in their names since they are transferred members and registered by CIDCO. Answer By V.VISWANATHAN You can issue share certificate directly in the name of the owner /promoter who was the owner on the day of formation / application for formation of the society. *********************** QW/VV/261/06.12.2015 Hi Viswanathan sir Can managing committee increase maintenance charges or need general body permission? Answer By V.VISWANATHAN General body permission must for increase or change in maintenance *********************** QW/VV/262/07.12.2015Viswanathan sir is it necessary to give the copies of Agm agenda, minutes, auditing report to registrar and need to adopte new by law? Chairman Krishnaraj Chs

Answer By V.VISWANATHAN Adoption of bye laws as per new amended mcs act is compulsory. Also it is required to submit the AGM minutes to the registrar. Even though not compulsory it is a better practice *********************** QW/VV/263/08.12.2015 Dear sir, still society account not presented for the fy 2014-2015 and what is the remedies for the same please advise - Wilson star classic ex secretary Answer By V.VISWANATHAN As per the MCS act the accounts has to be audited by 31/7 every year and AGM to be held on or before 30/9. In case if the same is not done then you should voluntary inform the Registrar about the same who in turn would appoint an authorised officer to conduct the same. However for practical purposes if there is no issue in the society I would suggest you to conduct the AGM belatedly and the same would be taken us legal until challenged. *********************** QW/VV/264/09.12.2015 WE have registered our society online in Feb 2015.but still it has not been validated by registrar.now what should v do?? Answer By V.VISWANATHAN Follow up is the best. Solution for the same. *********************** QW/VV/265/10.12.2015 Society registered in 2012. Now society start to issue share certificate. Which name is applicable on certificate front? Answer By V.VISWANATHAN The front portion would have the name of the person who was the first member of the society. The subsequent member should be written behind. Informing registrar not must *********************** QW/VV/266/13.12.2015 Sir, If member allow his friend to stay with him Last one year Can society charge non occupancy charges for those member and also ask for document his friend i e. Police verification, photo, identy proof etc. Answer by V.Viswanathan As per notification dated 1.8.2001 if a flat / shop is occupied by a relative of a member no non occupancy charges are required to be charged. Friend being a non relative you can charge non occupancy charges irrespective of the fact whether the member charges rent or not. ***********************

QW/VV/267/16.12.2015 Can Member challenge the agm minute after AGM? What is time limit for objection on agm minutes.... After distributed minutes to all members.... Answer by V.Viswanathan As per bye law no. 108 the committee has to finalise the draft minutes of the every general body meeting within 3 months of the meeting. The members who has any queries / objections should do so within 15 days of such circulation. Later the committee may or may not consider the objections so raised. If the member is still aggrieved then he has to go to co operative court under section 91 of the MCS actQuestion *********************** QW/VV/268/17.12.2015 Can only one member request for Special agm Answer by V.Viswanathan As per bye law no. 96 once one fifth of the members of the society give application to committee then it has to compulsorily call SGM. However in case the committee wants to call sou moto or on application by single person it MAY (not compulsory) call the SGM. *********************** QW/VV/269/18.12.2015 Hello sir Can u tell me what is fees for elections charges for society elections ??? Answer by V.Viswanathan The government charges ranges from 1500/- to about 10000/- there are also certain charges to be paid to their assistant. Please visit our website www.vasaihousingfederation.com for further details. *********************** QW/VV/270/19.12.2015 My question for v vishwa Nathan sir Sir if not distibuit agm minute by secratry after that what can do applicant member. Answer by V.Viswanathan After the general body meeting the committee has to distribute the minutes within 3 months. If they don't do it then first write to committee and if does not respond then approach deputy registrar for necessary directions *********************** QW/VV/271/20.12.2015 To Mr. Vishwanathan,

Can one shop having 1 share certificate, 1 maintenance bill sold to 2 persons? Area 280 S. F. Can Society take objections? Pls reply. Thomas, Naigaon, West. Answer by V.Viswanathan Division of flats / shops are technically illegal and cannot be done. A shop is a shop aa approved in the plan and there cannot be modified or sold in part without the approval of the Competent authority. *********************** QW/VV/272/21.12.2015 Vishwanath... Should a society issue give NOC to a seller if he insist. The buyer is not taking a loan so he wants a NOC from d society. Kindly advice. Answer by V.Viswanathan Even though noc is not required for sale of flat /shop, its a better practice to obtain. There if a member is asking for noc encourage him and issue the required noc subject to title verification. *********************** QW/VV/273/22.12.2015 One more more question. What is the amount to be paid to govt. as fees in d transfer set. Answer by V.Viswanathan Whenever there is a transfer, the society is set to receive Rs. 500/- towards share money, Rs. 100/- towards entrance fees and ovee and above lumpsum that we intend to charge is called transfer premium which under any circumstances cannot exceed 25k irrespective of flat /shop / Gala and size of the unit *********************** QW/VV/274/06.01.2016 Sir, Can society charge for giving NOC to members ? Answer by V.Viswanathan Obtaining NOC is a members privilege, right and not a service to be charged. You cannot charge *********************** QW/VV/274/07.01.2016 Sir, if share certificate is missing/or not handover by society or not issued what are the aspects to taken care of to issue a certificate Answer by V.Viswanathan As per new bye law if a share certificate is lost then the following things to be done. A. File a FIR with police.

B. Indemnity bond on Rs. 200 stamp paper duly notarised to be given to society C. Newspaper notice to be given. D. Ensure that no loan is taken by member before issuing the noc. In case share certificate was never issued to member then A. Prepare the share certificate on the present members name in a proper logical order. B. ensure that no loan is taken by member before issue the share certificate. C. If loan is taken then issue original share certificate to bank only. D. Proper managing committee resolutions are passed before issuing the share certificate. *********************** QW/VV/275/07.01.2016 Vishwanathan sir, heard society has to be registered online and last date for same is 14/1/16, pls give the website name were it has be registered Answer by V.Viswanathan Last day of online registration is already expired last year. However you may do it sooner the better. Visit www.mahasahakar.maharashtra. govinda. Sorry there is a mistake in the website addrsss *********************** QW/VV/276/16.01.2015 Can I fix 1 camera outside main door of house. Does it need permission of society? Answer by V. Viswanathan It may be slightly tricky... As the camera angle is important to ensure that it does not intrude anyone's privacy. To that extent informing and clarifying with society is better. Else no specific permission is required *********************** QW/VV/277/15.01.2015 Sir, our chs was formed 8 years back, but the deemed conveyance is not yet done. Tried to contact the builder many times but we could not get him. Pl guide as to what can be done. Answer by V. Viswanathan Deemed conveyance is the best option. You may approach Federation office with prior appointment at swagat bhawan opp mseb colony near indian oil station Road vasai East. We will guide you. Call on 2390170 /71 and come *********************** QW/VV/278/17.01.2015

One Society member wants to give his flat to his real brother by making Gift Deed. Question is whether Transfer Premium 25000/- is applicable ? Whether member needs to give Transfer Set ? Answer by V. Viswanathan No transfer premium. Transfer set is required *********************** QW/VV/279/17.01.2015 Admission of a new member in case of resale of a flat or in case of gift deed is possible only in agm or a member can be admitted in managing committee also.Agm is over and is going to happen only in next year. Then apart from agm what are the other procedure by which a new members can be admitted. Answer by V. Viswanathan There is no law which states that members can be admitted only in agm. The same can be done in managing committee meeting also. *********************** QW/VV/280/17.01.2015 Respected sir, this is yogesh frm Radha Kunj ABC Virar my query is can we withdraw sinking and repair fund from thana bank account? because we are going to paint our entire society... Answer by V. Viswanathan Yes it can be withdrawn only with intimation to registrar. Now no permission is required to withdraw. However it should be withdrawn only for major work like painting and repairs *********************** QW/VV/281/17.01.2015 Please confirm if repair and sinking fund has to be deposited only in Thana bank or we can also open account in any nationalised bank and deposit the fund there as well. Answer by V. Viswanathan Funds collected for repair and sinking fund should be deposited in district central cooperative bank only. Even though you can open regular account with nationalised bank. FDs with district central cooperative bank only *********************** QW/VV/282/26.01.2016 One of our society members had made a gift deed gifting 50 percent of the rights of the flat to his wife. Gift deed is stamped and registered. Can the society charge him the transfer charges before endorsing his wife's name as joint holder in the share certificate. Lakshman of rajesh park Answer by V. Viswanathan If it's between the family members as defined under the MCS act then no

transfer premium to be charged by the society. Else you can charge even though it's a gift deed. *********************** QW/VV/283/26.01.2016 Sir, Is it necessary for housing societies to file IT returns. Answer by V. Viswanathan Any person including housing society having income as defined under income tax act more than the basic limit should file income tax return. The society is a Association of persons (AOP) in the eyes of Income tax and the basic limit is zero. That is to say any income other than the regular maintenance, like fd interest is chargeable to tax and therefore has to file return *********************** QW/VV/284/26.01.2016 What if a Secretary in newly elected managing committee is to be removed? Answer by V. Viswanathan First and foremost neither the managing committee nor the general body has right to remove any committee member including office bearers. They can propose the same in their meeting by passing no confidence meeting and later the proposal to be given to registrar in Form M-18 by following adequate procedure. The registrar upon proper hearing after calling all the parties decide about the removal of the committee member or an office bearer *********************** QW/VV/285/26.01.2016 Society is of the members and they have the the elect the MC and after due process. How can Registrar impose any one as Secretary of his choice. This goes agaist basic principle of law. Answer by V. Viswanathan There is no doubt that the right to appointment a committee member is that of the general body. I am not at all denying that fact. I was just correcting that the right to REMOVE A COMMITTEE MEMBER is with the registrar. Once a committee member is PROPOSED TO BE removed by the general body the matter goes to registrar following due procedure. Later in case the decision of the general body stands, that is to state that if the registrar confirms the removal of a secretary / committee member then the election process starts to appoint a replacement of that single vacancy which is done by general body as per the election procedure. Please note that co-option is done away with upon introduction of the new election rules. In case you still have query please do meet me in office with prior

appointment. I hope you are clear now. *********************** QW/VV/287/26.01.2016 Can I raise a question regarding transfer of share certificate in this forum? I have already paid transfer fees to the society and got my receipt too. However, now secretary is denying to transfer. Is there any other alternative? Answer by V. Viswanathan Make a formal application to the society to get your share certificate. If not getting then apply to deputy registrar under section 29 of mcs act for the same *********************** updated still 27/01/2016

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