I need your guidance for following queries.
I am owning a flat in Pune, Sus Gaon area. Recently builder is planning to handover the society. I understand in one of the meeting builder is not going to provide individual sale deed, they will give sale deed for complete society owner( having 1 and 2 bhk different size of flats).
Now I have following question.
1.What is pros and Cons for individual sale deed vs joint sale deed short term and long term( incase some unfortunate or father wants to transfer property to his child?
2.How maintenance of society should be calculated based on sq feet or a unit wise.
3.In case if society decide based on unit wise then, Is share certificates in property will be based on a unit wise?
Or is any relation between share certificates and maintenance charge paid?
I understand property share certificates is based on amount paid on built up area by individual ( sq ft).
It should happen , people of 1bhk claim equal amount of share certificates like 2 bhk since they are paying same maintenance amount.
Please guide me for above queries.
I C Naik
1.Executing an agreement to sale as per Model in the Form V appended MOFA 1963 (Maharashtra Ownership Flat Act) is obligatory as provided under Section 4 thereof as reproduced below.
SECTION 04: PROMOTER BEFORE ACCEPTING ADVANCE PAYMENT OR
DEPOSIT TO CUTER INTO AGREEMENT AND AGREEMENT TO BE
REGISTERED
“Notwithstanding anything contained in any other law, a promoter who intends to construct or constructs a block or building of flats all or some of which are to be taken or are taken on ownership basis, shall, before he accepts any sum of money as advance payment or deposit, which shall not be more than 20 per cent, of the sale price enter into a written agreement for sale with each of such persons who are to take or have taken such flats, and the agreement shall be registered under 2[the Registration Act, 1908 (hereinafter in this section referred to as “the Registration Act”) and such agreement shall be in the prescribed form.”
2.In this agreement one requirement is as under:
(v) the precise nature of the organisation to be constituted of the persons who have taken or are to take the flats;
3.There is another provision of MOFA which also seems to have been violated by the developer namely:
“SECTION 10: PROMOTER TO TAKE STEPS FOR FORMATION OF COOPERATIVE SOCIETY OR COMPANY
(1)As soon as a minimum number of persons required to form a co-operative society or a company have taken fiats, the promoter shall within the prescribed period submit an application to the Registrar for registration of the organisation of persons who take the flats as a co operative society or, as the case may be, as a company; and the promoter shall join, in respect of the flats which have not been taken, in such application for membership of a co-operative society or as the case may be of. a company. Nothing in this section shall effect the right’ of the promoter to dispose of the remaining flats in accordance with the provisions of this Act.”
4.It appears the builder has collected full price of the flats in breach of provision of Section 4 and also violated Section 10 by not incorporating a CHS on time. Let us see what is the consequence?
SECTION 13: OFFENCES BY PROMOTERS
(1) Any promoter who, without reasonable excuse, fails to comply with, or contravenes,the provisions of section 3,4, 5 (save as provided in sub-section (2) of this section), 10 or 11 shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine, or with both.
(2) Any promoter who commits criminal breach of trust of any amount advanced or
deposited with him for the purposes mentioned in section 5 shall, on conviction, be
punished with imprisonment for a term which may extend to five years, or with fine, or with both.
Th e penal provisions have hardly been invoked as there always an urgency to have
a house. So these provisions are simply a mockery.
5.In 1986 the Government of India has passed a law called Consumer Protection Act 1986 (CPA). Under this Act District level Courts are set up to hear and get relief to consumer complaints for deficiency in service or an unfair trade practice by a service provider. In the year 1993 “Building Construction” is one service which was added to various kinds of services to which CAP was made applicable initially.
6.If your flat value is less than Rs 20 lacs you can file a complaint before the District Consumer Forum at the following address:
Additional Pune District Forum:Pushpa Hights Duggada Family Trust. Pune Satara Road Bibwewadi Pune 400037 – 020-24210364
7.If the flat value is higher than Rs 20 lacs you have to file a complaint before The State Consumer Court.
Maharashtra State Consumer Disputes Redressal Commission,
Old Administrative Staff College Bldg., Opp. C.S.T. Station, Hazarimal Somani Marg,
MUMBAI – 400 001
STD CODE: 022
E-mail : mah-sforum@nic.in
8.This is less expensive as also faster solution.
What builder is thinking is absurd and cannot be allowed.