Amendment will not be retrospective. If you circumstances are before amendment then it will not be applicable
Yes it's time bound from teh side of Registrar and not saying society. It's directory
MOFA, MCS, MAOA related
Are proceedings under Sec 9 of Maharashtra Cooperative Societies Act time bound? Or is the time directory and not mandatory? During Sec 8 and Sec 9 procedure under MCS (16-Sep to 14-Dec 2006), Builder filed Deed of Declaration in Nov 2006 but did not notify Dy. Registrar as required under Sec 10(2) of MOFA. Jt Registrar overturned Society citing that Builder should have been given more time, though rules seem to state a time bar of 2 months. High Court granted interim stay in Society's favour in 2014. State filed a Say that seemed to state that time set u/s 9 of MCS wasn't mandatory, or Sec 10(2) of MOFA was not a necessity. Coming to amendment in MAOA Nov 2020, it allows for amendment to Deed of Declaration by purchasers. Given that 0 Deed of Apartments have been executed, can the SocietySociety/Purchasers cancel it? Or only amend it to remove benefits builder granted himself unilaterally in Nov 2006? Cipla vs. CA and Sarita Nagari Phase 2 judgments by BHC are "bad law", so back up would be amending/canceling the Deed if we lose.
Asked 4 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
7 Answers
proceedings under section 9 of MCS Act are time bound
registrar has to decide application within 2 months and on his failure to do so it has to be referred to higher officer within period of 15 days who shall dispose application within period of 2 months
2) contention of state that provisions are directory and not mandatory is unsustainable
3) society / purchasers cannot cancel deed of apartments . it can be amended
If the provisions of law enables the executors of a deed to carry out an amendment based on the situation or requirement, then they can go ahead as per the law however if there is no provision to cancel the same then the same cannot be cancelled by executing a cancellation deed.
They may very well execute a rectification deed to rectify the error.
Thus for cancellation they may have to approach civil court alone with a suit for cancellation of the deed for the reasons they rely upon.
In the Deed of Declaration executed unilaterally in 2006, not filed with Dy. Registrar as per Sec 10(2) of MOFA, the builder bestowed upon himself use of additional FSI and to the Amenity Space. While he bought TDR, no construction has been done to date. Will amending Deed of Declaration impact our contention in pending WP 9219/13 that we are a Society? We want to amend the Deed to remove/modify clauses that builder used to give himself undue benefits... It'll remove his will to fight the case further.
Asked 4 years ago
No it will not. You can go for amendment
Amendment can be made in deed of declaration for removal of clauses giving builder undue benefits
it would impact your contention that you are society
Any amendments that you desire to carry out should not create an impact on the pending writ petition.
Ensure that your proposed act do not impact adverse effect to pending case or else it may become fatal to your own case.
Dear Client,
A rectification deed is a legal instrument that gives you the freedom to nullify any errors or mistakes in any legal document. A rectification deed is often used to correct mistakes in property transaction-related conveyance deeds. In case you spot errors in your sale deed or any other property-related document, you should get a rectification deed (or deed of rectification) drafted and registered, to nullify the error.A rectification deed is recognized under Section 17 of the Indian Registration Act, 1908 and is a perfectly legal way to correct errors in legal documents. The deed must be registered, to become legally valid.As these documents stand as the legal proof of your ownership over an asset, no delay should be made to get errors rectified. Failure to rectify errors, could jeopardize your position as the owner.
Thanks & Regards
