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The builder / Developer from whom the flats are purchased needs to register the Co-op. Society. If he fails to do so the flat purchasers may come together, appoint one of them as chief promoter, and file the application for Registration of society. The flat owners who sign the application for registration of Society are the Promoter Members

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The persons who join as promoters at the time of registration of society are deemed to be members of the registered society. The persons who are flat owners but did not join as promoter Members need to apply to the Society for Membership of Society and allotment of Shares.

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as under : 1) To obtain conveyance of the Right, Title and Interest from the owner (Builder), in the land and building. 2) To manage and maintain the property of Society. 3) To promote peaceful Cohabitation amongst the Members on the co-operative principles. 4) To provide co-operative education and training to develop co-operative skills to its Members, Committee members, Office Bearers and employees. 5) To initiate, Redevelopment of the building as per the norms of authority. 6) To raise funds for achieving the objects for the society. 7) To undertake and provide for social, cultural and recreative activities on its own or jointly with other institutions.

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For Registration of Co-operative Housing Society minimum Ten Members are required. However, if in case where the flats are up to 700 sq. ft. each a Co-operative Housing Society can be registered with less than 10 numbers also. In your case prima phases the flats are expected to more than 700 sq. ft. and therefore, you should go for other forms of Management such as condominium or a company. There should not be any FSI Balance

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In case of flat purchaser of Society 60% of the total flats purchaser need to join the application for Registration. However, in case of open plot type Co-operative Society. 90% of the total plots holder need to join for registration.

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In case if the builder does not registered the Society the flat purchaser can elect one of them to be the chief Promoter and other flat purchaser should join as promoter member and submit the Registration proposal under the category of Non-Corporation of builder. The Registrar will consider the same on merit.

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Every promoter need to fill in the Application for Membership & paid the entrance fees of Rs. 100 and Share money of Rs. 500.

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It is the Tax on any Transaction (i.e. any document or Instrument) done under the purview of Bombay Stamp Act, 1958. Similarly the instrument or document may be subject to Stamp Duty under Indian Stamp Act, 1899 also. The Stamp Duty is payable on the Instrument and not on the Transaction. An Instrument is any document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or recorded. A document means any matter expressed or described on any substance by letters, figures or mark or by any other means which is intended to be used or may be used for the purpose of which it is so recorded.

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Only when proper Stamp Duty is paid on an Instrument, it gets evidentiary value. The instruments which are not properly stamped are not admitted in evidence.

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The following Articles of The Indian Stamp Act, 1899 attract Stamp duty in the state of Maharashtra. The Articles are bill of exchange, Bill of Lading, Debenture, Letter of Credit, Policy of Insurance, Promissory Note, Proxy, Receipt and Transfer

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Execution means putting signatures on the instruments by the person/ persons executing the instruments.

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Stamp Duty under different Articles in the Stamp Duty Act is payable at fixed amount or on the value mentioned in the instrument or on the true market value calculated as per ready reckoner as per the provision of the Bombay Stamp (Determination of True market value of the property) Rules, 1995.

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Generally all the instruments executed in the state shall be stamped before or at the time of execution or immediately thereafter or on the next working day following the day of execution and the instruments which are executed out of the state shall be stamped within three months from its receipt in the state.

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Stamp Duty can be paid by using Stamp paper, using adhesive stamps or by Franking.

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In case of some instruments such as bonds, release deed, mortgage deed, settlement etc. he person drawing or making the instrument is liable to pay the Stamp Duty. In the case of conveyance, the grantee and in case of lease the lessee shall pay the stamp duty, in the case of exchange of property, both the parties in equal share shall pay stamp duty, in case of partition, the parties thereto in proportion to their respective shares should pay stamp duty.

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Adjudication means determining the chargeability of stamps duty on instruments. The Collector of Stamps appointed in each District is the adjudicating authority. Application for adjudication should be accompanied by true copy or an abstract of the instrument and also with such affidavit or other evidence as may be necessary to prove that all facts affecting the chargeability of the instrument have been truly set forth in the instrument along with the proof of payment of Rupees 100/- as adjudication fee. Adjudication can be done both for signed as well as unsigned documents.

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The Document which is chargeable with Stamp duty can be prepared on the non-judicial Stamp paper of appropriate value. Document can be got franked for the value by tendering required amount in the office of collector of Stamps where ever this facility is available. When documents is lodged for adjudication, on receiving intimation as to the amount of Stamp duty payable the appropriate amount equal to the amount of Stamp duty and penalty if any, can be paid to the Collector of Stamp who will certify that document is stamped for proper Stamp duty.

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The stamps which are purchased and not used within six months shall be rendered invalid thereafter. The stamps purchased and not used for intended purpose are entitled for refund after deduction of certain charges, if lodged for refund within six months from the date of purchase and on fulfilling the conditions stipulated Bombay Stamp Act, 1958.

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The documents if not duly stamped, shall not be admissible in evidence in the court of law. Any person who, with the intention to evade the Stamp duty, executes or signs any instruments chargeable with stamp duty, without the same being duly stamped, shall on conviction, be punished with rigorous imprisonment for term which shall not be less than one month but which may be extended up to six months and fine up to Rs. Five Thousand. The Act empowers the authorities to enter upon any premises and to inspect and impound/ seize the documents which are not duly stamped and burden is casted upon every public officer to assist the authorities in detection of evasion. The documents impounded for want of proper duty, attracts penalty @ 2 % per month from the date of execution of such document.

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The stamps papers must be in the name of one of the executors of the instrument/ document. If it is paid by franking or electronic payment, it must be paid in the name of one of the executors of the instrument/ document.

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Such instruments are treated as not properly stamped. These instruments are liable to be impounded and sent to the Collector of Stamps for recovery of proper stamp duty. Such instruments have no evidentiary value.

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The rates of stamp duty on instruments relating to transfer of immovable property vary from place to place. The rates are specified in Article 25 of Schedule 1 appended to the Bombay Stamp Act, 1958. However, Article 25(d), which deals with the instruments of transfer of residential premises in Co-operative Housing Society. in case where provisions of Maharashtra Co-operative Societies Act, 1960 or Maharashtra Ownership Flats Act 1963 or Maharashtra Apartment Ownership Act, 1970 apply, there is provision of concession in the Stamp Duty payment.

Answer:

Member who fulfills the following conditions can become member of the CHS: • A persons who is competent to contact under the Indian Contract Act 1872, or • A firm company or any other body corporate constituted under any law for the time being in force, or a society registered under the societies Registration Act 1860, or • A society registered or deemed to be registered under MCS Act 1960, or • A State Government or the Central Government, or • A Local Authority, or • A public trust registered or to be registered.

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Procedure for becoming member. • An application in the prescribed form giving complete details shall be submitted to CHS • Shall pay the value of ten shares of Rs 50/- each along with payment of Rs 100/- towards entrance fee. • Undertaking as prescribed in the bye law are to be submitted. • A copy of stamped and registered purchased agreement.  Undertaking as prescribed in the bye law are to be submitted.  A copy of stamped and registered purchased agreement.

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A person whose membership application is not accepted by CHS may apply to the Registrar u/s 23 (1A) in the prescribed H-1 form

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On failure of CHS to dispose of the membership of a person within a period of three months m he may apply to the Registrar u/s 22 (2).

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A person whose application for membership is rejected, may apply to the Registrar u/s 23 (2) of the M.C.S. Act 1960.

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Upto 60% of the total membership is allowed to firm, company and body corporate members.

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Total no of tenements allotted to firm and companies shall not exceed 50% of the total no of tenements in a CHS.

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To become associate member person shall submit : • An application in prescribed form as provided in the model bye laws to the society • No Objection Certificate from the original member • Entrance fee Rs 100/-

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Person whose membership application for nominal membership is rejected he may apply to the Registrar u/s 23 (2) of the MCS Act 1960.

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Person whose membership application for associate membership is rejected, he may apply to the registrar u/s 23 (2) of the MCS Act 1960.

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Person whose name stands first in the share certificate shall exercise the right of the membership in the CHS.

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CHS can reject the application for associate membership of "B" if there is no NOC from "A"

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Associate member may exercise the right of membership, if original member has authorised him in writing.

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Section 32 of the MCS Act 1960 provides the right to the member to see the books and account of the society and obtain copies of the documents on payment of copying charges as prescribed in the bye laws.

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After death of “A” and on granting the application for membership of “C” and name of “C” will stand first in the Share Certificate not the name of “B”

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On the basis of power of attorney membership cannot be granted to "B" in place of “A

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Bye law No. 32 provides that the latest name of nominee will be treated as valid

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. As per the provisions laid down u/s 30 of MCS Act 1960 CHS shall consider the application of 'A' for membership

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CHS can reject the membership application on the ground of non-payment of stamp duty.

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No CHS cannot reject the application for membership on the basis that applicant belongs to particular grouped, if he is otherwise qualified to become member

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No, CHS cannot reject the application for membership on the basis that applicant belongs to particular grouped if he is otherwise qualified to become member

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Funds to be raised by CHS are : • The repair and maintenance funds at the rate fixed by G.B subject to the minimum of 0.75 % per annum of construction cost of each flat. • Major repairs funds as and when required and decided by GB at the rate fixed on area basis. • The sinking funds at the rate fixed by G. B subject to the minimum of 0.25% per annum of construction cost of each flat. • Reserve funds as provided u/s 66 of the M.C.S Act 1960.

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Repairs and maintenance funds is utilized for meeting the expenditure on maintenance and normal repairs of the building of CHS by committee. Major repairs fund is utilized with prior approval of G.B. for major repairs such as plastering, Colour of buildings etc.

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Sinking funds are to be utilized on recommendations of architect and with prior approval of G.B for meeting the expenditure on structural additions or alterations to the building /buildings of CHS