Query from Marshall Fernandes

I am from Pune, Maharashtra. Reg. No. 11 994/3017 apartment.

We got our handover from the builder in July 2012. In December, 2017 the apartment was registered as an apartment. Till date the builder has not registered individual flat.

We have 10 flats in one single building, but in one name there are two flats. Can a society be formed? The builder has agreed to scrap the apartment if society is formed.

All members feels we should be registered as society. To keep the FSI with the society what clause should be there?

I C Naik

As per Section 8(2) of the M C S Act 1960 10 flat holders (all belonging to ten unrelated families) are eligible to apply for registration of a society. There is an exception provided under section 7 reading as under:

Section7. Power to exempt societies or class of societies from conditions as to registration

“Notwithstanding anything contained in this Act, the State Government may by general or special order, exempt any society or class of societies from any of the requirements of this Act as to registration, subject to such conditions (if any) as it may impose.”

You have to approach the State Government i.e.

CO-OPERATION, MARKETING AND TEXTILES DEPARTMENT

Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya,

Mumbai 400 032

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