Your Housing Problems & Solutions
Adoption of New Bye-Laws Q: Our CHS in Boriwali had made an application to the Dy. Registrar, complete in all respects, seeking approval for adoption of new Byelaws 2014. He is refusing the application raising numerous queries, chief among them being, that we have to first apply online and resubmit the physical application with the 'fee' receipt and also to upload the audited accounts. Is this correct or mandated? We are not aware of any site where one has to apply online of adoption of Byelaws. The staff at Dy. Registrar's office is not being helpful in the matter.
A: Kindly visit Mumbai District Cooperative Housing Federation (MDCHF), at 103, Vikas Premises, 1st Fl., 11, N.G.N. Vaidya Marg, Fort, Mumbai-400001, Tel 022 2266 0068 and 2266 1043, to know the procedure to adopt new Bye-laws. It looks like your society is not having Government Approved Auditor to audit yearly accounting of your society's account. These accounts, after auditing, has to be updated in your Deputy Registrar's site, and needful fees are to be paid online. If your society is not aware of such things, as how to upload audited accounts, then you ask MDCHF as how to upload Society's accounts, or get a Government Approved Auditor from MDCHF. Before you go for redevelopment, you have to adopt New Bye-laws. Before adoption of the new Bye-laws, as preliminary for redevelopment, you should do Conveyance Deed of your society's building with its land. If Conveyance Deed was not done, then go for Deemed Conveyance. Without Conveyance of your society's building and its land, you cannot go for redevelopment. Therefore, keep in your mind Conveyance, before you go for redevelopment of your building.
Transfer of Flat & Nomination Q: I am joint owner of flat with my husband as first owner. Owing to his death I want the flat transferred in my name and also nominate my daughter. Kindly let me know the procedures involved for doing the needful. Awaiting your reply.
A: Since flat is jointly bought by yourself and your husband, to become full owner of your joint ownership flat, you will submit following forms and documents to your society, to transfer the partial ownership of your late husband in your name. Here, references are made to the forms given in the appendices in Bye-laws book of the Society of year 2014.:
(1) Appendix-17, Application for partial membership (in pace of your late husband.)
(2) Appendix-19, Indemnity Bond on Rs 500 Non-judicial Stamp paper or franking.
(3) Appendix-3, Undertaking on Rs200 Non-Judicial Stamp paper or franking.
(4) Copy of the Death Certificate of
your husband.
(5) Nomination form in Appendix-14, to be submitted in triplicate, nominating your daughter as your nominee.
(6) Rs 100 Cheque drawn in the name of the society, towards entrance fee.
(7) Original Share Certificate of your flat, to transfer it in your sole name, from jointly held with your husband.
Put (6) and (7) in same plastic folder, put that folder above (1) to (5) forms punched in a file.
Take photo copy of all the documents of that file, keep the copies with you for your information.
Give this file to the Secretary of your
society.
Within 15 days, your flat will be transferred in your sole name. Your daughter will be made nominee of your flat. Nomination form in Appendix-14, to be submitted in triplicate nominating your daughter as your nominee.
Then Society will give you share certificate of your flat transferred in your sole name and copy of your Form-14 nominating your daughter as the nominee of your flat. If society do not make transfer of the flat in your sole name in 30 days, then make complaint against the society, under the Bye-law No.174(A)(iii) and (xviii) to the Deputy registrar of your area, with xerox copy of the documents submitted by you to the Society. Deputy Registrar will write a letter to the Secretary of the society to transfer the flat in you name and return the share certificate, and also to accept your nomination paper in your daughter's name. Answers provided by experts of Moneylife Foundation.