• How to approach registrar

We have purchased flat 8 year ago. Builder made an ad-hoc committee for society maintenance & there after interested flat owners ran the comittee. But builder do not handover society to comittee. 
No.of flat owners stopped paying maintenance charges as they say a lumpsump amount in the name of maintenance charges we already paid to builder.
Few people interested to approach registrar for running society & regarding handing over of co.housing society issue.
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Society not yet formed. Better apply for formation of society. Ad hoc committee for such long time is illegal.

Registrar have no jurisdiction without formation of society.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Fresh elections have to be called to MC 

 

if society refuses to do so complain to registrar seek appointment of administrator to run society affairs and for calling fresh elections 

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

You can apply for proposed society of all flat owners come together and approach sub registrar of your area of co operative society. And provide all details and ask builder to handover the society to all members.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Don't form a society under cooperative property act. Rather if more than half of the flat owners are willing then form a flat owners association under Apartment ownership Act. 

If a registered society is already in force then you can dissolve it.

To recover the money paid for maintenance file case before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes you need to file complaint to dy registrar or approach the consumer court for the same

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

- Builder is bond to handover building to society , and the flat owner is not required to pay maintenance to the builder - Further , the flat owners can approach the registrar against the builder , and to appointment of Administrator for running the society , till the time of election . 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Please approach in writing by simple application to  the Dy. Registrar of Society, at least 10 members of your Society, for the formation of valid MC and office bearers to run the day to day affairs of your Society .

After going through your application and considering your case the Dy. Registrar may call for report and may pass an order granting registration to your Society under Gujrat Co Op. Society Act .

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

The members of the apartment complex who are interested to form an association can arrange for a meeting and form an association and inform the builder about it.

Get the association registered with the list of members and bylaws attached to the application form.

Subsequently  you may inform the builder to handover the apartment complex  along with all the relevant papers pertaining to the apartments and the common areas including the corpus funds held by the builder.

The developer and residents can mutually call for an annual general body meeting to form an RWA. The Societies Registration Act 1860 mandates that at least 10 members should give their names to the memorandum of association, who will occupy posts in the management body.

Ideally, the formation of the RWA should be initiated by the developer. Often to retain the control of maintenance and other charges, they resist the formation of the RWA.

An association of people who own houses in a particular society, an RWA is responsible for the day-to-day functioning of the complex. The rule says that a developer has to hand over a building to residents within a few months of getting the occupancy certificate.

 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

You should lodge a complaint against the builder before the registrar.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File a written representation to the registrar cooperative Societies office for the purpose. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir/Madam,

In every state, there is an office of the registrar of the society and you may approach with your application mentioning acts and deeds of the builder and for needful directions. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Your society should appoint some members as their representatives to approach registrar of societies and making application for elections in society and handling over the  accounts of society to that elected committee.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If your society refuses to do so, you can lodge a formal complaint. You have the right to elect the managing committee through election. 

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer