Vijaya Shelar
I am residing in Mumbai, Santacruz. I have a small room in the bldg comprising of 13 flats. The flats are of different sizes.
The problem is most of the flats are not registered including mine. Among the office bearers the treasurer has also not registered her flat.
The secretary who is also a high court advocate keeps mentioning me as an illegal member and has started taking steps to evict me. On many occasion I have told her about me following up with the developer but she refuses to accept my explanation.
I feel that the reason of her aggression towards me is because i have always been vocal about the accounts statement which has never been given to any members in the time we started RWA and began paying the maintenance.
I C Naik
Registration of an agreement of purchase of flat is mandated under Section 4(2) of the MOFA 1963. Conditions to be fulfilled by a person to become a member of CHS are set out in the bye laws of the Society. Model Bye Laws 2001 vide Bye law No 19 prescribed condition that a person must submit a stamped copy of the flat agreement. Till that year such a condition was not there.
So after 2001 an applicant to a membership of CHS must submit a zerox of Stamped agreement ( REGISTERED or NOT) and if not submitted a member should not be admitted to membership.
This is the position. So you can surmise if your membership is legal or illegal.
Section 4A of MOFA reproduced below is also of help.
SECTION 04A: EFFECT OF NON-REGISTRATION OF AGREEMENT REQUIRED TO BE REGISTERED UNDER SECTION 4
Where an agreement for sale entered into under sub-section 4, whether entered into before or after the commencement of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) (Amendment and Validating Provisions) Act, 1983, remains unregistered for any reason, then notwithstanding anything contained in any law for the time being in force, or any judgment, decree or order of any Court, it may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1963, or as evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property Act, 1882, or as evidence of any collateral transaction not required to be effected by registered instrument.]
