• Bifurcation of society

Dear all, 
I have a 1BHK flat of 400 sqft saleable area in one society of Samruddhi Complex constructed by Poddar Builders. The property is located in Bhivpuri-Karjat-Maharashtra. The society is made up of 16 buildings. Each building has 16 flats (Ground + 3 storey - 4 flats on each floor). The current situation is that:
1) Society hand-over from builder is done around November 2015
2) Builder has not provided the Occupancy Certificate from appropriate authority till date
3) Conveyance has not been done
4) Builder is disputing that we have to pay him for water provision (water charges)
5) Most of the flats are vacant as flat owners are not residing (It should be noted that all flats are sold)
6) May flats have hug maintenance backlog (It appears that overall maintenance back log is 25 Lakhs)
7) The 16 buildings are made up of two clusters - one cluster has 9 contiguous buildings - the other cluster has 7 contiguous buildings.
8) Many issues like leakage, etc are not being managed.
9) Many flat owners feel there is a lot of financial mismanagement
9) Many flat owners are desirous of bifurcating the present society into two societies for better control of finance and grievance management relating to water leakage , drainage issues, conveyance, occupancy certificate and also combating the financial irregularity
10) Currently the committee is dissolved and clear reasons are not provided (some excuses is that many committee members resigned), however, many flat owners feel that some complaint was made and hence the finances are unders scrutiny and accordingly the committee is dissolved due to mismanagement. The administration of society is currently with registrar since past one month.
My question is - in the current scenario - can we still request for the bifurcation of the society and accordingly divide the assets and liabilities ? 
Thanking you in advance.
Asked 18 days ago in Property Law
Religion: Christian

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11 Answers

1) you have to obtain approval of registrar of so it’s for bifurcation of societies 

 

2) it is at discretion of registrar to permit bifurcation 

 

3) 

The Registrar may consider division of a Co-operative housing Society on the following grounds:-
The membership is so large that the affairs of the Society are unmanageable.
The units (building) are located on distinct plots which are far away from each other, rendering the management of the Society difficult.

There are factions in the Society.

 

 

4)The pre-requisite for bifurcation:-
The plots on which the buildings are constructed should be independent of each other in the Municipal records. If the buildings are constructed on the same plots, the plot should be divisible. If the plot is not divisible, bifurcation is not possible.

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

Yes, you can make request but it will take some time.

Swarupananda Neogi
Advocate, Kolkata
2251 Answers
4 Consultations

4.7 on 5.0

Dear Sir,

You are suggested to prepare the draft of the said bifurcation and making of 02 separate societies and then submit the to the registrar with all due formalities and it is sure that the same will be approved and the needful would be done. 

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

Yes,Definitely. 

Since Authorized Officer has been appointed in your Society to make enquiry and submit the report to concerned Dy,Registrar of the Society. 

I would recommend you to prepare a representation to Authorized officer in writing and copy to Dy. Registrar of the Society for bifurcation which may be allowed after the completion of enquiry by AA appointed by DYR.

Ramesh Pandey
Advocate, Mumbai
1303 Answers
5 Consultations

5.0 on 5.0

Yes you can do so you can approach dy registrar for the same 

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

1. you and other residents of your building can form a separate society 

2. or else, there can be 2 societies consisting of the buildings comprised in the 2 clusters

3. or it can be a combination of some buildings for purpose of forming the society

4.the management will then be conveyed to such society 

5. the land underneath the society buildings alongwith the common areas can be conveyed to an Apex Society and the society formed as aforesaid [either by option 1, 2 or 3] can become member of such Apex society

6. bifurcation of society for efficient management and maintenance is permissible and an application can be made to the registrar of societies for the same

Yusuf Rampurawala
Advocate, Mumbai
5348 Answers
34 Consultations

5.0 on 5.0

Yes you can proceed with the bifurcation 

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

The Secretary of the Society should first prepare a scheme for two or more units and place the same before the meeting of the Managing Committee of the society. 

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate

- The state government has decided to act against builders and architects who give possession of flats to owners without securing a Occupation Certificate (OC). 

- Further, the flat owners cannot live in a flat until it has been given an OC from the building proposal department of the BMC, and further anyone occupying a flat without an OC is liable to be prosecuted.

- Buildings without OCs are not given a water connection and are charged a higher property tax.

- Further, as per rule , the Association  shall  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

- As per  Bye-laws ,  Repairing of external leakage of the premises is the responsibility of society. 

- Further, The Bombay High Court, in a recent decision, has held that society is responsible for repairs of a leaking roof.

- If the Society is not taking interest to repair the leakage problem, you can complaint to local BMC ward office.,

- Under section 381 of the BMC Act., it has the power to inspect and then issue a notice to the society, and if no response from the BMC, then you can file a suit in the Court as well. 

- You should lodge a written complaint in the office of your housing society for the same, and if no response then take legal steps as i mentioned above. 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

No you cannot demand bifurcation of society till its administration is under registrar of societies.

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

You all form  an association  from your own group and can submit the same for approval by the registrar of societies stating that you want to do away with the previous society and your resignation letter is attached with this and also application of the members to join this association is also attached with this.  

The registrar would instruct you to comply with further formalities in this regard and to resubmit the same.

You may discuss with the members and proceed. 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

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