• Bank Account for Association of Apartments

We stay in a building consisting of Eight Flats. Builder has already done away with construction and has done Deed of Declaration. 
We now want to form Association of Apartments. 
Actually , we are more interested into opening bank account for our maintenance part than anything else. ( by else i mean Conducting AGM or formaing committee etc ) 

Bank is saying we will need pan card for the association. When we tried to apply for pan card , we were told that only deed of declaration ( by Builder) will be sufficient to obtain pan card. Further, we applied for the pan card under AOP category and it has now got rejected for wrong category. I want to know correct exact procedure going about the same?
Asked 8 years ago in Property Law
Religion: Hindu

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11 Answers

Form a society (resident welfare) under the provisions of the Societies Registration Act.

Once the society is Incorporated, apply for a Pan card in the name of your registered society.

The society can there upon go for account opening.

Get in touch with a local Lawyer to help you register a resident welfare society.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You may apply the PAN CARD only after the registration of the society.

This is nor a big process. You just take the model bye law and modify it in the name of society let the initial members sign before getting it registered in the Registrar of Society.

The application of PAN will include the registration documents copy to NSDL.

open your account as soon as you get the pan and continue with the rest of formalities.

Good luck!!

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

For opening bank account of association you need the following documents

1) deed of declaration executed by builder

2) bye laws adopted by association

3) PAN card of association

4)resolution for opening bank account and mode of operation

5) KYC of the authorised signatories

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

1. What is that deed of declaration to be executed by you and the builder, you are referring at, when the construction is over and you all have taken possession of your flats?

2. Why have you not registered the sale deed yet to legally own the individual flats?

3. After legally owning the flats, all the flat owners shall have to form the society/association as per law and get the said association registered.

4. After formation and registration of the said housing society/association, file an application for obtaining PAN Card for the said housing society which will be allotted in the name of your Housing Society.

5. Thereafter you can open the Bank account in the name of your said housing Society.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

There are some agents who will get you pan card on payment basis. You may get your pan card on behalf of your association easily on the available documents if you approach them.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

the Maharashtra Apartment Ownership Act, 1970, which provides for the formation of a Condominium. The buyers of premises in a Condominium are called Apartment owners who form an association known as an 'Association of Apartment Owners' in case of both i.e. residential as well as non-residential premises.

Apartment ownership, the legal title of the flat as an object, along with a proportionate share in the common areas of the building and also proportionate share in the land on which the building stands, vests in the Apartment owner. That means, the building belongs to jointly but each Apartment owner has an independent right to his Apartment to the exclusion of others

In case of conveyance of the Apartments, all transfers of Apartments by the sole owner or all the owners of the property (being an owner or owners who have or have executed and registered a declaration in form “A”) to an Apartment owner and subsequent transfers from an Apartment owner to his Transferee.

With regard to the parties of the Deeds of Apartments, in the case of the first Deed of Apartment the party of the first part shall be either the sole owner or all the owners of the property who has or have executed and registered the Declaration in form “A” and the party of the second part shall be the Apartment owner. In the case of subsequent Deeds of Apartment, the party of the first part shall be the Apartment owner and the party of the second part shall be his Transferee.

There are a few important points to keep in mind while forming an Apartment Owners Association. These points are as follows:

• A minimum of seven members are required to form an association. Out of these 7 members, you need to appoint office bearers and others to ensure that the Association is managed properly. The office bearers are accountable to the rest of the Association and to the members of the Apartment as a whole (something we shall touch upon soon)

• A memorandum has to be created. The memorandum will state the name of the society, the objectives and the names, addresses and occupations of each and every member of the Association. This is for creating transparency in the operation of the organisation.

• The bye-laws or the rules regulating the conduct of the affairs of the society will be made. These bye-laws are crucial in the management of the society. The memorandum and the bye-laws have to be printed or typewritten and have to be signed by the members.

• The memorandum and the bye-laws will be filled with the registrar of the societies concerned by a member of the committee of the society. Regular filings help to prevent any questions being raised as to the correctness of the operations of the society.

The memorandum and bye-laws of an apartment association are crucial to the operation of the Association. Please ensure that you create these documents with due care and caution.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi, you can make a firm and open bank account and obtain a PAN card of the firm

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

The banks do not open account without production of PAN and aadhar card details.

In this case the PAN card is an essential requirement.

First of all you have to get yor association registered before the registrar of cooperative societies.

As a AOP you have to produce the copy of the registration certificate of your association for procuring the PAN card along with the application for PAN card.

All types of societies are to be mandatorily registered

Society registration certificate and latest audited balance sheet along with the PAN registration form is to be submitted to the local income income tax office for procuring PAN card for the society.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

you have to apply for the formation for Association of apartments with government departments. you can contact me will provide you with all the help required in the process. please call on

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

Do you have the copy of the bye laws?

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You need to first register the association of apartments with the registrar. Once you get registered you can maintain the account as well as apply before pan card.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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