Alliansa Estate and Property Consultancy

21/11/2012

14/11/2012

TERRACE AND OPEN SPACE
By Advocate Chhaya Khamkar
Open terrace:- means terraces which are otherwise not in the exclusive possession of any of the members.
Open space:- means an area, forming a integral part of the site, left open to sky.
Generally water tanks, Societies Office, Lift rooms etc. are on the terrace, however, builder with a motive of profit construct terrace flat. The said terrace flats are sold by the builders to promoters who have a wrong impression that they are the owners of the open space adjacent to their flat. The open space adjacent to the terrace is the property of the society. The member does not have a right on the terrace and it is the society which always owns the terrace and can use the open space keeping in view the overall interest of all the members of the society. Even in Municipal Corporation records the same is shown as open space.
Permission for use of terrace or open space of the society
The provisions under the Bye-laws No. 171, the open space adjacent to the terrace is the property of the society. On written application by any member of the society the Committee may allow temporary use of the terrace or available open space of the societies building, for any function, subject to such restrictions and on payment of such charges to the society as the meeting of the General Body of the society may decide. The Committee may, with the previous permission of the Local Authority, if needed, allow exhibition of advertisement boards on any part of the building including terrace, on such terms and conditions as are approved by the General Body Meeting.
Restriction for use of open space of the society
The provisions under the Bye-laws No. 170, there are restrictions that the Society shall not let out or give on leave and license basis or permit any subletting, giving on leave and license basis any open space available under the stair case or to any person whether the member of the society or not, for any purpose whatsoever.
Repair of Terrace
The society is the owner of the property and it is the responsibility of the society to repair the terrace. It may be emphasized that members residing on the top floor have a common complaint of leakage from the terrace. The members residing on the top floor cannot insist for putting up tiles on the terrace. The society depending upon its financial position may even put tar on the terrace.
The provisions under the Bye-laws No. 160, the damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace the Society is responsible to carry out the repairs by the societies cost.
The member who is residing on top floor and there is leakage at roof of the flat and, therefore, urgent repairs to be undertaking by member. On completion of the repair the member can claim reimbursement of an amount with the interest for the repairs of the terrace as well as the parapets walls. It is necessary that the member claiming for reimbursement of repairs to the roof of his flat and not to the terrace. It is the responsibility of the society to find out whether the leakage is through any flat or through terrace. In the judgment delivered by the Bombay High Court in the case of Humble Home Co-Op. Hsg. Soc. Ltd has held that the Society is responsible to reimbursement of amount with the interest for the urgent repairs terrace and the parapets wall to the member who undertake the repair, and also held that the claim of ownership of the terrace above the roof is irrelevant.

14/11/2012

FAQS ON SOCIETY REGISTRATION IN MAHARASHTRA
Tagged with: Society
By Accommodation Times Bureau
Q 1. What is the minimum number of promoters required to join the registration proposal?
A. 60% of the flat purchasers/ promoters are required to join the registration proposal if building is constructed by builder/developer.
• 90% promoters are required to join the registration proposal for society of open plot type category.
Q 2. What is the minimum number of promoters required to sign the registration proposal?
A. 60% of the promoters who have joined the registration proposal are required to sign it.
Q 3. Whether Co-operative Housing Society having less than 10 units can be registered?
A. Cooperative Housing Society having less than 10 units can be registered subject to the following conditions:
• The built up area of each unit should not be more than 700 sq. ft.
• There should not be balance F.S.I
Q 4. What is the remedy available, if the builder does not register a Co-operative Housing Society?
A. Chief Promoter of the proposed society shall submit a registration proposal of the co-operative housing society to the concerned Registrar under the category of non- co-operation of builder.
Registrar may consider such a proposal for Registration on merit.
Q 5. What are the conditions for registration of Cooperative Housing Society in private building?
A. Conditions for registration of CHS in Private building
• Registering authority can register CHS on merit if 90% of the tenants join the registration proposal.
• Registering authority can register CHS on merit and with previous approval of State Government if 75% to 90% of the tenants join the registration proposal.
• Proposal for registration will not be entertained if percentage of tenants is below 75%
• The Tenant promoter joining the proposed CHS shall have to agree to contribute to the cost of flats of non joining tenants.
• In case tenants have created sub tenancy in terms of Rent Act, sub tenants and not the tenants be allowed to join the proposed CHS.
Q 6. Whether the Chief Promoters has got authority to withdraw the money deposited in the bank in the name of proposed CHS?
A. The Chief Promoter has got no power to withdraw such money.
Before registration of the Cooperative Housing Society, money can be withdrawn with the permission of the Registrar.
Q 7. What is the remedy available if the Registrar does not take any decision on registration proposal within a period of 2 months?
A. Failure to dispose of the registration proposal of a housing society within a period of two months, the Registrar has to submit the said registration proposal to the next higher authority within a period of 15 days from the date of expiry of two months.
On failure of such higher authority to dispose of the said registration proposal within two months from the date of receipt of the proposal to his office, the registration proposal shall be deemed to be registered under the provision of the Maharashtra Co-operative Societies Act 1960.
Q 8. What is the remedy available if the registration proposal is rejected?
A. Such rejection order can be challenged by filing appeal under section 152 of the M.C.S. Act 1960 before the Divisional Joint Registrar C.S. of the concerned Division.
Q 9. What are the circumstances for de-registration of a Cooperative Housing Society? And under which section?
A.• If the society is registered.
• On the misrepresentation made by the applicants, or
• The work of the society is completed or exhausted, or,
• The purpose for which the society has been registered is not served.
Such societies can be de-registered under the provision of Section 21-A of the M.C.S. Act 1960.
Q 10. Under what circumstances registration of the CHS can be canceled?
A. Registrar can cancel the registration of CHS under section 21 of the M.C.S. Act 1960. Under the following circumstances:
• If a CHS transfer the whole of its assets and liabilities to another society or.
• Amalgamates with another society, or
• Divides itself into two or more societies or,
• Liquidation proceedings are terminated under section 109.
Q 11. What are the types of CHS?
A. Rules 10 of the Maharashtra Co-operative Societies Rules, 1961 provides the following classification of the CHS
• Tenants’ ownership Co-operative Housing Society.
• Land is held on lease hold or free hold basis
• Houses are owned or are to be owned by member.
• Tenants Co-partnership Cooperative Housing Society.
• Both land and houses owned by society.
• Houses are allotted to members.
• Other Co-operative Housing Society.
• Houses mortgages societies
• Houses construction society.
Q 12. What fee is to be paid to the Government for registration of a Cooperative Housing Society?
A. Proposed society can made the payment towards government fee as applicable from time to time. The present registration fee is:
Tenant Co-partnership /ownership CHS – Rs. 2,500.00
Other (General ) CHS – Rs. 2,500.00
Q 13. When at least 20% of backward class members are required for registration of a Cooperative Housing society?
A. This condition is applicable for plot purchase type society under the following circumstances.
• When society intends to borrow fund for construction of building from State Government and/ or MHFC Limited.
• If land grant authority insists for such conditions.
Q 14. Whether promoters are required to submit their applications for membership to the Chief Promoter before registration of Cooperative Housing Society?
A. Yes, all the promoters should submit their application for membership to the Chief Promoter before registration so s to enable him to undertake about receipt of application for membership in the prescribed “Y” form to be submitted to the Registering Authority at the time of Registration.
Q 15. What remedy is a available if Chief Promoter does not deposit the share money collected from promoters in the Bank?
A. Failure of Chief Promoter in depositing share money collected from promoters of proposed CHS amounts to an offense u/s 146 of M.C.S. Act 1960.
Chief promoter can be prosecuted in the court of law with previous approval of Divisional Joint Registrar of concerned Division u/s 148.
Q 16. What remedy is available if any person collects share money or any other sum by misrepresentation to the prospective members in the name of the society to be registered?
A. It will amount to an offense u/s 146 of MCS Act 1960.
Such person can be prosecuted in the court of law with provision approval of DJR of concerned Division u/s 148

13/11/2012

IMPORTANCE OF OCCUPATION CERTIFICATE
AND AVAIL THE AMNESTY SCHEME

Section 353 A. Completion certificates permission to occupy or use. -

It is a well known fact that, any building constructed, whether for commercial, residential or any other purpose shall be in accordance with the plans approved by the local civic authorities and the Developer/Builder should get the occupation certificate before the building could be inhabited by people. However in many cases it is observed the buildings which are not issued an Occupation Certificate by the concerned authorities for reason such as violations in buildings plans non-payment of development charges to the civic authorities and so on are being occupies by people.

A building without a Completion Certificate is termed as an unauthorized or illegal structure and the occupation or allowing occupation of such buildings is a criminal offence and as such any person or persons occupying a unit, whether a Flat or a shop, in such building is liable to be evicted by the concerned Civic authority through legal course under the provisions of section 353 A of Municipal Corporation Act, 1988,

Section 353 A of Municipal Corporation Act, 1988 is reproduced herewith for the benefit of our members and general public.

1] Every person who employs a licensed surveyor or person approved by the Commissioner to erect a building or execute any such work as is described in section 342 shall, within one month after the completion of the er****on of such building or the ex*****on of such work, deliver or send or cause to be delivered or sent to the Commissioner at his office, notice in writing of such completion, accompanied by a certificate in the form of schedule T signed by the person employed under section 344A, who is hereby required immediately upon completion of the work and upon demand by the person employing him to sign and give such certificate to such person, and shall to give to the Commissioner all necessary facilities for the inspection of such building or of such work.

Provided that:

a) Such inspection shall be commenced within seven days from the date of receipt of the notice of completion and

b) the commissioner may, within seven days from the date of commencement of such inspection, by written intimation addressed to the person from whom the notice of completion was received, and delivered at his address as stated in such notice, or, in the absence of such address, affixed to a conspicuous part of the building to which such notice relates-

i) give permission for the occupation of such buildings or for the use of the building or part there of affected by such work or

ii) refuse such permission in case such building has been erected or such work executed so as to contravene any provision of this Act or of the bye-laws.

2] No person shall occupy or permit to be occupied any such building or use or permit to be used the building or part there of affected by any such work, until-

a) the permission referred to in proviso (b) to sub section (1) has been received, or

b) the Commissioner has failed for twenty one days after receipt of the notice of completion to intimate as aforesaid his refusal of the said permission.

Now, as per estimation there are nearly 5000 buildings in Mumbai City and about 600 buildings in KALYAN without the mandatory occupation Certificates and number of such “illegal” structures had been increasing steadily.

Not having an Occupation Certificate implies that the builder has not complied with the requirements of and for the project and the residents are allowed to live or living in the building illegally. The residents of such buildings are suffering due to the builders’ negligence and at the same time the residents are made to pay extra taxes as penalty.

It is also true that in many cases the developers and architects abandon the project and leave the occupants high and dry giving them no scope to obtain the mandatory NOC. It is also true that the process of calculating charges for approval takes into account the currents rates which are much higher than those prevalent during occupation of the building. In such a situation it becomes very difficult for the occupants to pay the exorbitant amount for obtaining Occupation Certificate.(OC).

In an attempt to eradicate the hardships of the people or the occupants of such illegal buildings in specific, the Government of Maharashtra at the behest of Chief Maharashtra has proposed a policy to give amnesty to the occupants of such buildings which do not have a Occupation Certificate and the Chief Minister has also informed that it is imperative for the Government to streamline the process of providing Completion Certificate and Occupation Certificates as the prevalent process is being misused by a section of developers for their benefit or harass the public at large.

We regret to mention here that a similar scheme introduced in earlier announcing a policy to give amnesty to avail the amnesty scheme for obtaining the OC but the same did not yield expected results for lack of awareness of the scheme by the aggrieved public / unit owners.

We at Maharashtra Societies Welfare Association request the societies, its members / aggrieved public to take full advantage of the proposed scheme of amnesty on Occupation Certificate as and when it is announced by the Government of Maharashtra and we also assure that we shall inform about such as scheme as and when promulgated by the Government for the benefit of all concerned. The societies which are not having occupation certificate can contact our office to keep all the details/ documents ready to avail the scheme as and when it is announced.

08/09/2012

some of the real truths depicted....... just njoy!!! :)

06/09/2012

I think a retired English teacher was bored.
THIS IS GREAT! Read all the way to the end................
This took a lot of work to put together!
You think English is easy??
1) The bandage was wound around the wound.

2) The farm was used to produce produce.

3) The dump was so full that it had to refuse more refuse.

4) We must polish the Polish furniture.

5) He could lead if he would get the lead out.

6) The soldier decided to desert his dessert in the desert.

7) Since there is no time like the present, he thought it was time to present the present.

8) A bass was painted on the head of the bass drum.

9) When shot at, the dove dove into the bushes.

10) I did not object to the object.

11) The insurance was invalid for the invalid.

12) There was a row among the oarsmen about how to row.

13) They were too close to the door to close it.

14) The buck does funny things when the does are present.

15) A seamstress and a sewer fell down into a sewer line.

16) To help with planting, the farmer taught his sow to sow.

17) The wind was too strong to wind the sail.

18) Upon seeing the tear in the painting I shed a tear..

19) I had to subject the subject to a series of tests.

20) How can I intimate this to my most intimate friend?

Let's face it - English is a crazy language. There is no egg in eggplant, nor ham in hamburger; neither apple nor pine in pineapple. English muffins weren't invented in England or French fries in France . Sweetmeats are candies while sweetbreads, which aren't sweet, are meat. We take English for granted. But if we explore its paradoxes, we find that quicksand can work slowly, boxing rings are square and a guinea pig is neither from Guinea nor is it a pig..

And why is it that writers write but fingers don't fing, grocers don't groce and hammers don't ham? If the plural of tooth is teeth, why isn't the plural of booth, beeth? One goose, 2 geese. So one moose, 2 meese? One index, 2 indices? Doesn't it seem crazy that you can make amends but not one amend? If you have a bunch of odds and ends and get rid of all but one of them, what do you call it?

If teachers taught, why didn't preachers praught? If a vegetarian eats vegetables, what does a humanitarian eat? Sometimes I think all the English speakers should be committed to an asylum for the verbally insane. In what language do people recite at a play and play at a recital? Ship by truck and send cargo by ship? Have noses that run and feet that smell?

How can a slim chance and a fat chance be the same, while a wise man and a wise guy are opposites? You have to marvel at the unique lunacy of a language in which your house can burn up as it burns down, in which you fill in a form by filling it out and in which, an alarm goes off by going on.

English was invented by people, not computers, and it reflects the creativity of the human race, which, of course, is not a race at all. That is why, when the stars are out, they are visible, but when the lights are out, they are invisible.

PS. - Why doesn't 'Buick' rhyme with 'quick' ?

You lovers of the English language might enjoy this ..

There is a two-letter word that perhaps has more meanings than any other two-letter word, and that is 'UP.'

It's easy to understand UP, meaning toward the sky or at the top of the list, but when we awaken in the morning, why do we wake UP ?
At a meeting, why does a topic come UP?
Why do we speak UP and why are the officers UP for election and why is it UP to the secretary to write UP a report?
We call UP our friends.
And we use it to brighten UP a room, polish UP the silver; we warm UP the leftovers and clean UP the kitchen.
We lock UP the house and some guys fix UP the old car..
At other times the little word has real special meaning.
People stir UP trouble, line UP for tickets, work UP an appetite, and think UP excuses.
To be dressed is one thing, but to be dressed UP is special.
A drain must be opened UP because it is stopped UP.
We open UP a store in the morning but we close it UP at night.

We seem to be pretty mixed UP about UP!
To be knowledgeable about the proper uses of UP, look the word UP in the dictionary.
In a desk-sized dictionary, it takes UP almost 1/4th of the page and can add UP to about thirty definitions.
If you are UP to it, you might try building UP a list of the many ways UP is used.
It will take UP a lot of your time, but if you don't give UP, you may wind UP with a hundred or more.
When it threatens to rain, we say it is clouding UP.
When the sun comes out we say it is clearingUP.
When it rains, it wets the earth and often messes things UP.
When it doesn't rain for awhile, things dry UP.

One could go on and on, but I'll wrap it UP,
for now my time is UP,
so........it is time to shut UP!
Now it's UP to you what you do with this email.


PURUSHOTTAM
RPOPRIETOR
ALLIANSA ESTATE AND PROPERTY

[email protected]







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05/09/2012

CHECKLIST FOR CONVEYANCE
1. Conveyance / Sale deed: Document by which the title of a property is conveyed by the seller to the purchaser
2. ULC [Urban Land (Ceiling & Regulation) Act] :
3. 7/12 extract is a document, which shows the names of the owners of the property. It contains details such as the Survey numbers, area, date from which the current owner’s names were registered as owners. The 7/12 extract is issued by the Tehsildar or the concerned land authorities.
4. Index II – Index II is a document issued by the office of the Sub- Registrar of Assurances. It mainly mentions the names of the sellers & purchasers of a property for which the document is registered.
5. Search report & Title certificate – A Title certificate is issued by an advocate after conducting a search of the title of the property, which is intended to be purchased. The title certificate would state if the property is unencumbered and has a clear marketable title.(30 years)
6. Non Agricultural (N.A) permission –
7. Development Agreement : entered into by the builder with the landowner. It contains details regarding the terms and conditions on which the landowner has permitted development of his property. This is where the landowner engages a third party (i.e. the developer) to develop and build on their plot of land. This agreement is generally accompanied by a Power of Attorney in favour of the developer.
8. Approved building plans need to be checked necessarily. The plans must be approved by the Municipal Corporation/ Town Planning authority or other concerned authorities like CIDCO, MHADA, HUDCO, Gram Panchayat, etc. as applicable depending on the location of the project. Approved plan of the building along with the number of floors. Check if occupancy certificate has been issued by the municipality authority with the approved of Building Plan.
9. Commencement certificate is given by the Municipal Corporation permitting the developer to begin construction.
10. Completion/occupation certificate is given by the concerned authorities to the developer once the said building is complete in all respects and fit for occupation.
11. Stamp Duty & Registration:
12. Registration of an agreement
13. Approved layout plan
14. Ownership documents. Check if the land on which the builder is building is his or he has undertaken an agreement with a landlord. If so, check the title of the land ownership with the help of an advocate.
15. Ensure that urban land ceiling NOC (if applicable) has been obtained or not.
16. NOC from water and electricity authorities also have to be obtained.
17. NOC from lift authorities.
18. Has your builder/promoter acquired the approvals from Municipal Corporation, Area Development Authorities, Electricity Boards, Water Supply & Sewerage Boards, Airport Area Authorities?
19. Ensure ex*****on of proper sale agreements on your initial payments.
20. IOD (Intimation of disapproval)
21. Encumbrance certificate

PURUSHTTAM R. S. Mobile: 9321101444
Email: [email protected], [email protected]

04/09/2012

डीम्ड कन्व्हेअन्स
नंदकुमार रेगे ,शनिवार, १६ जून २०१२
[email protected]


महाराष्ट्र शासनाने १९६३ च्या मोफा कायद्याला दुरुस्ती करून डीम्ड कन्व्हेअन्सची सोय केली खरी; परंतु डीम्ड कन्व्हेअन्स करते वेळी किती नोंदणी फी भरावी, तसेच स्टॅम्प डय़ुटी किती भरावी याबाबत सोसायटय़ांमध्ये संभ्रम होता. विशेष म्हणजे ज्या गाळेधारकांनी हाऊसिंग सोसायटय़ांना स्टॅम्प डय़ुटी लागू होण्यापूर्वी आपली खरेदी खते रजिस्टर केली त्यांनी डीम्ड कन्व्हेअन्सच्या वेळी किती स्टॅम्प डय़ुटी भरावी याबाबत बराच गोंधळ होता.आता महाराष्ट्राचे नोंदणी महानिरीक्षक आणि मुद्रांक नियंत्रक यांनी आपल्या १२ एप्रिल २०१२ च्या परिपत्रकांत ही वस्तुस्थिती स्पष्ट केली आहे. त्याविषयी
महाराष्ट्र शासनाने १९६३ च्या मोफा कायद्यात सहकारी गृहनिर्माण संस्थांच्या नावे डीम्ड कन्व्हेअन्स करण्याची तरतूद केली. २००८ मध्ये राष्ट्रपतींची स्वाक्षरी झाल्यावर तब्बल दोन वर्षांनी डीम्ड कन्व्हेअन्सची नियमावली महाराष्ट्र शासनाने २०१० मध्ये मंजूर केली आणि डीम्ड कन्व्हेअन्सची प्रक्रिया सप्टेंबर २०१० पासून सुरू झाली तेव्हापासून आतापर्यंत फार तर ४५०/५०० सोसायटय़ांच्या नावे सक्षम अधिकाऱ्यांनी डीम्ड कन्व्हेअन्सची प्रमाणपत्रे दिली असतील; परंतु प्रमाणपत्र देणे म्हणजे सोसायटीच्या नावे कन्व्हेअन्स होणे असे नाही.
डीम्ड कन्व्हेअन्सच्या नियमावलीप्रमाणे सक्षम अधिकारी प्रथम विकासक आणि सोसायटीचे पदाधिकारी या संदर्भात सुनावणी घेतात. आणि त्या सुनावणीमध्ये विकासक जाणूनबुजून सोसायटीच्या नावे मालमत्तेचे कन्व्हेअन्स करीत नसेल अशी सक्षम अधिकाऱ्यांची खात्री पटल्यावर तो हे प्रकरण डीम्ड कन्व्हेअन्स करण्याच्या योग्यतेचे आहे, असा शेरा मारून संबंधित सोसायटीला प्रमाणपत्र देतो. असे प्रमाणपत्र दिले गेल्यावर त्यावर स्टँप डय़ुटी भरण्याबाबत सब-रजिस्ट्रार ओपन अ‍ॅश्युअरन्सेस सुनावणी घेतो आणि संबंधित सोसायटीने तेवढी स्टॅम्प डय़ुटी भरल्यावरच ते प्रमाणपत्र आपल्या दप्तरी दाखल करतो आणि सोसायटीत ‘इण्डेक्स-२’ देतो. असा इण्डेक्स मिळाल्यावर डीम्ड कन्व्हेअन्स प्रक्रिया पूर्ण होते.
वरीलप्रमाणे परिस्थिती असली तरी कन्व्हेअन्स वेळी सोसायटीने किती स्टॅम्प डय़ुटी भरली पाहिजे याबाबत सोसायटीचे पदाधिकारी आणि सब-रजिस्ट्रार ऑफ अ‍ॅश्युरन्सेस यामध्ये मतभेद होतात आणि परिणामी डीम्ड कन्व्हेअन्सची प्रक्रिया ठप्प होते. म्हणूनच राज्यात सुमारे ८५,००० सहकारी गृहनिर्माण संस्था असूनही जेमतेम सहा-साडेसहा हजार सोसायटय़ांचे नाव विकासकांनी खुशीत कन्व्हेअन्स केले आहे आणि उर्वरित सोसायटय़ा अजूनही कन्व्हेअन्सशिवाय वंचित आहेत. ही कोंडी फोडण्यासाठी महाराष्ट्र स्टेट को-ऑपरेटिव्ह हाऊसिंग फेडरेशन आणि ठाणे डिस्ट्रिक्ट को-ऑपरेटिव्ह हाऊसिंग फेडरेशनचे अध्यक्ष सीताराम राणे यांनी महाराष्ट्राचे महसूलमंत्री बाळासाहेब थोरात यांच्याशी सतत संपर्क साधून सोसायटय़ांनी आणि विशेष करून हाऊसिंग सोसायटय़ांना स्टॅम्प डय़ुटी लागू होण्यापूर्वी डीम्ड कन्व्हेअन्सच्या वेळी किती प्रमाणात स्टॅम्प डय़ुटी भरावी याबाबत अशा सोसायटय़ांमध्ये संभ्रम होता. महसूलमंत्री बाळासाहेब थोरात यांनी सीताराम राणे यांच्या विनंती वरून यासंबंधात घेतलेला निर्णय महाराष्ट्राचे नोंदणी महानिरीक्षक आणि मुद्रांक नियंत्रक यांनी आपल्या १२ एप्रिल २०१२ च्या परिपत्रकानुसार जाहीर केला आहे. तो पुढीलप्रमाणे-
१) मानीव खरेदीखत- मानीव खरेदीखताबाबत सर्व कागदपत्रांची खात्रीही सहकार विभागातील सक्षम प्राधिकारी पूर्ण करतील. संबंधित प्रकरणात मानीव खरेदीखत करून देण्यास हरकत नाही, अशी खात्री पटल्यावर सक्षम अधिकारी संबंधित सहकारी गृहनिर्माण संस्थेस मानीव खरेदीखत तयार करून देण्यास सांगतील. मानीव खरेदीखताचे स्वरूप एरवी विकासक ज्या पद्धतीने गृहनिर्माण संस्थेस खरेदीखत करून देतील त्याचप्रमाणे राहील. मानीव खरेदीखत तयार झाल्यानंतर सक्षम प्राधिकारी ते योग्य असल्याची खात्री करून घेतील व संबंधित संस्थेला मुद्रांक शुल्काविषयी अभिनिर्णय करून घेण्यास सांगतील.
मानीव खरेदीखताची व्याप्ती-
१) सदरचे मानीव खरेदी खताचे परिपत्रक हे सक्षम प्राधिकारी ज्या वेळेस (दस्तऐवजावर) विकासक/ बिल्डर/ डेव्हलपर/ जमीनमालक यांच्या वतीने सहकारी गृहनिर्माण संस्थेच्या लाभामध्ये मानीव खरेदीखताचे प्रमाणपत्र/ आदेश जारी करतील त्याच्याच नोंदणीपुरतेच मर्यादित राहील व फक्त त्याचीच नोंदणी होईल. २) सदरचे जारी केलेले प्रमाणपत्र हे नोंदणी अधिनियम १९०८ नुसार घालून दिलेल्या विहित मुदतीतच नोंदणीसाठी नोंदणी अधिकाऱ्याकडे सादर करणे बंधनकारक राहील.
मुद्रांक शुल्क लागू होण्यापूर्वी करण्यात आलेली खरेदीखते-
१० डिसेंबर १९८५ (पूर्वी म्हणजे हाऊसिंग सोसायटय़ांना स्टॅम्प डय़ुटी लागू होण्यापूर्वी) ज्यांनी खरेदी करारपत्रे केली आहेत व त्याच सभासदांच्या नावे मानीव खरेदीखत होणार असेल, तर ज्यांनी करारपत्रे नोंदविली आहेत त्यांच्या बाबतीत निष्पादनाच्या वेळचे मिळकतीचे खरे बाजारमूल्य ग्राह्य़ धरले जाईल.
ज्यांनी आपली करारपत्रे नोंदविलेली नाहीत त्यांच्या बाबतीत, दस्तऐवज ज्या तारखेस निष्पादित झाला त्या तारखेस विकासकास मोबदल्याचे चेक पेमेंट करण्यात आले असेल तर बँक पासबुक/ स्टेटमेंटची अधिकृत प्रमाणित प्रत निष्पादनाचा पुरावा म्हणून ग्राह्य़ धरून निष्पादनाच्या वेळच्या खऱ्या बाजारभाव मूल्याचा फायदा देता येईल.
निष्पादनाबाबत वरीलप्रमाणे पुरावा उपलब्ध नसल्यास निष्पादनानंतर पहिला सरकारी कागदोपत्री पुरावा जसे की, दूरध्वनी देयक, वीज देयक, नगरपालिका- मनपा यांचे मिळकत कर आकारणीपत्र तसेच सहकारी संस्था नोंदणी करताना निबंधक, सहकारी संस्था यांना सादर केलेली सभासदांची संबंधित निबंधकाने प्रमाणित केलेली यादी, यापैकी जो पुरावा उपलब्ध असेल तो ग्राह्य़ धरला जाईल व त्या वेळच्या खऱ्या बाजारभाव मूल्याचा फायदा अशा प्रकरणात देता येईल. मात्र वरील प्रकरणाबाबत कोणताही पुरावा उपलब्ध नसल्यास मानीव खरेदीखत ज्या तारखेस अभिनिर्णयासाठी दाखल झाले त्या वेळचे मिळकतीचे खरे बाजारमूल्य विचारात घेतले जाईल. पूर्वीचा काही चटईक्षेत्र निर्देशांक शिल्लक नसेल तर शिल्लक चटईक्षेत्राच्या निर्देशांकाचा आजच्या बाजारभावाने येणारे मूल्य व त्यावर देय मुद्रांक शुल्क वसूल करणे आवश्यक राहील.
मानीव खरेदीखताची नोंदणी-
दस्तऐवज प्रमाणित झाल्यावर तो निष्पादनासाठी सक्षम प्राधिकारी यांच्याकडे सादर केला जाईल. निष्पादनाच्या दिनांकापासून चार महिन्यांच्या आत सदर दस्तऐवज नोंदणीसाठी दुय्यम निबंधकांच्या संबंधित क्षेत्रीय कार्यालयात हजर केला जाईल. हजर करण्यास विलंब झाल्यास नियमाप्रमाणे दंड आकारला जाईल.
असा दस्तऐवज नोंदणीसाठी दाखल झाल्यावर नोंदणी अधिकारी नोंदणी अधिनियमप्रमाणे आवश्यक ती दस्तनोंदणीची कार्यवाही पूर्ण करतील.
नोंदणी फी-
मानीव खरेदीखतातील सर्व सभासदांनी पूर्वी आपले करार नोंदविले असून त्यावर आवश्यक ती नोंदणी फी भरली असल्यास मानीव खरेदीखतास या दस्तऐवजांचा पुरवणी दस्तऐवज धरून रु. १००/- इतकी नोंदणी फी आकारावी.
कोणत्याही परिस्थितीत नोंदणी फी ही नेमून दिलेल्या रु. ३०,०००/- (रुपये तीस हजार) च्या कमाल मर्यादेपेक्षा अधिक आकारू नये. मुद्रांक शुल्क हे प्रत्येक गाळ्यावर आकारले जाते, तर नोंदणी फी ही प्रति दस्त आकारली जाते हे लक्षात ठेवावे.

28/08/2012

Pay 5% VAT for flats bought from 2006-10
TNN Aug 24, 2012, 12.38AM IST


Tags:
• VAT on sale of flats|
• Value Added Tax|
• Taxation|
• MCHI-CREDAI
MUMBAI: Thousands of people who bought flats between 2006 and 2010 will have to pay value added tax (VAT) at the rate of 5% of the value with retrospective effect.
On August 6, the state's sales tax department issued a circular to developers saying VAT would be levied on flats, shops and bungalows sold by them between June 20, 2006 and March 31, 2010 .

Several Mumbai-based developers said they would soon send VAT collection notices to such flat purchasers.
The new burden on a customer who bought a flat at Rs 50 lakh works out to a minimum of Rs 2.5 lakh.
The government intends to collect around Rs 1,000 crore for this four-year period.
The Bombay high court recently rejected real estate developers' appeal against the tax. MCHI-CREDAI and CREDAI-Pune Metro, which represented the developers, have now moved the Supreme Court with a special leave petition.
Atul Puranik of the Centre for Fair Business Practices, said: "The cost of living is going up every day. The 5% VAT plus penal interest will further cripple the common man. We appeal to the government to scrap VAT on sale of flats altogether and give much-needed relief to the customer.''
The Maharashtra government had imposed 5% VAT on flat sales following the order of the Supreme Court in the case of K Raheja versus Karnataka government. Property experts said this led to an anomaly as the taxation system followed in Karnataka is totally different from the one prevailing in Maharashtra. "Unlike Maharashtra, Karnataka does not have the 'Ownership of Flat Act' and therefore developers in that state prepare two separate sets of documents—one for the share of land on which stamp duty is levied and another on construction on which no stamp duty is paid,'' they said.
The Maharashtra government subsequently reduced VAT on sale of flats to 1% from April 1, 2010. The government, however, is now levying 5% on the flats bought between 2006 and 2010, putting thousands of buyers into a fresh financial spot.
MCHI-CREDAI said each flat buyer in Maharashtra will have to pay up to 5% additional taxes for flat purchased by them along with interest at 15% per annum and penal interest at 25% that the state government is levying. Flat buyers are already reeling under the pressure of 3.09% service tax which has been implemented by the central government.
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Bombay High Court Dicssion on VAT good for builders
By Accommodation Times Bureau
By Dr Sanjay Chaturvedi

Nothing is gone from Builder’s pocket as far as VAT or service taxes are concerned. In fact, Builders must be thankful to the Hon. Court for giving retrospective decision on VAT.
There is a provision in VAT for claiming Set Off against the VAT paid just like service tax. Under Maharashtra Value Added Tax 2002, a registered vendor or dealer can claim the Set Off of tax paid. Hence builders or contractor paid VAT on building materials like cement, tiles, steel, paints, glass and almost 3000 number of items used for construction including elevators and gadgets would have been unclaimed if the end users were given the relief.
The builders will collect the VAT or collected VAT kept in escrow account will be utilised to Set Off VAT already paid through construction material bills. The onus is on the flat or property purchasers to pay the VAT. Builders or contractors will get input tax credit, if they paid the taxes u/r 58 or u/s 42 (3). State of Maharashtra had merged Works Contract Tax with VAT and hence VAT is applicable to the real estate.
If the agreement is not entered into and only advances were given then there is no VAT applicable.
From 20.06.2006 to 31.03.2010
1. Composition Scheme U/s 42 (3)- Under this scheme developer has to pay 5% tax on the agreement value. Land deduction is not available. Input tax credit is available subject to the reduction of 4 per cent.
2. Actual Expense Method U/r 58- Under rule 58, the deduction of Labour 86 service charges is available on actual basis. Land deduction is also available. Set-off will be calculated subject to the condition u/r 53 and 54.
3. Standard Deduction Method U/r 58- Under rule 58, the deduction of land cost will be allowed. Thereafter 30% standard deduction from remaining amount will be available as per proviso to sub-rule 1. Set-off will be calculated subject to the condition u/r 53 and 54.After 01.04.2010
The developers can opt for fourth option also, under this option u/s 42 (3A), developer has to pay 1% tax on agreement value. No land deduction and input tax credit is available.
The Builder will be required to make the payment of interest according to the provisions of law.However, all the VAT is collected from the flat purchaser will be retained by the builders and set off will be claimed. Hence neither government nor flat purchasers will benefit from paying VAT.

Pay 5% VAT for flats bought from 2006-10
TIMES NEWS NETWORK

Mumbai: Thousands of people who bought flats between 2006 and 2010 will have to pay value added tax (VAT) at the rate of 5% of the value with retrospective effect.
On August 6, the state’s sales tax department issued a circular to developers sayingVAT would be levied on flats, shops and bungalows sold by them between June 20, 2006 and March 31, 2010 .
Several Mumbai-based developers said they would soon send VAT collection notices to such flat purchasers.
The new burden on a customer who bought a flat at Rs 50 lakh works out to a minimum of Rs 2.5 lakh. ‘VAT on flat will hit buyers’
Mumbai: The state government intends to collect around Rs 1,000 crore from VAT on sale of flats for this four-year period.
The Bombay HC recently rejected real estate developers’ appeal against the tax. MCHI-CREDAI and CREDAI-Pune Metro, which represented the developers, have now moved the SC with a special leave petition.
MCHI-CREDAI said each flat buyer in Maharashtra will have to pay up to 5% additional taxes for flat purchased by them along with interest at 15% per annum and penal interest at 25% that the state government is levying. Flat buyers are already reeling under the pressure of 3.09% service tax which has been implemented by the central government. Atul Puranik of the Centre for Fair Business Practices, said: “The cost of living is going up every day. The 5% VAT plus penal interest will further cripple the common man. We appeal to the government to scrap VAT on sale of flats altogether and give much-needed relief to the customer.’’
The Maharashtra government had imposed 5% VAT on flat sales following the order of the Supreme Court in the case of K Raheja versus Karnataka government. Property experts said this led to an anomaly as the taxation system followed in Karnataka is totally different from the one prevailing in Maharashtra. “Unlike Maharashtra, Karnataka does not have the ‘Ownership of Flat Act’ and therefore developers in that state prepare two separate sets of documents—one for the share of land on which stamp duty is levied and another on construction on which no stamp duty is paid,’’ they said.
The Maharashtra government subsequently reduced VAT on sale of flats to 1% from April 1, 2010.


Anger, confusion torments buyers of flats in 2006-10
TIMES NEWS NETWORK

Mumbai: There is widespread public anger against the state government’s decision to levy 5% value added tax (VAT) on flats purchased between June 20, 2006 and March 31, 2010. The rage largely stems from the fact that flat buyers, especially those in Mumbai, had to shell out huge sums in the first place to buy houses because of the astronomical property rates and now will have to bear the burden of the VAT, which is also likely to be steep.
If someone bought a flat for say Rs 1 crore in that period, the person might have to shell out at least Rs 5 lakh as VAT. “This is outrageous. Why should the burden fall on the flat purchaser? Can’t it be recovered from the developer, who is already charging us astronomical prices from buyers,” said an agitated Milind Meghnani, who bought an apartment in the western suburbs in 2007.
In the face of his fury, the state sales tax department on Friday clarified that people may not have to shell out 5% of the total agreement value. Swati Kale, deputy commissioner of sales tax (publication), said: “The VAT will work out to be much less, say about 3%, as we offer deductions under several heads like labour and land costs to developers.’’
The VAT Ache

• Since April 1, 2010, builders pay 1% tax on agreement value. No land deduction and input tax credit available
VAT bomb on the home owners!
By Accommodation Times Bureau
Bombay High Court has dropped a bomb of VAT (Value Added Tax) on the home owners. The
notice was circulated by the builders to the owners following a ruling by the High Court. The
state government too issued a circular to developers for the pay of VAT.
VAT is obligatory for every house ,plots, bungalows that are sold between June 20, 2006 and
March 31, 2010.
The state later reduced the VAT on the sale of flats to 1% from April 1st 2010, but still the
government is crunching the tax the rate of 5% making difficult for the buyers.
The VAT blow is not only a strain on the buyers but also the builders that are already struggling
with the present volatile industry. Hence, the developers now collecting the due VAT tax from
the owners.
Every buyers has to pay the 5% VAT also interest at the rate of 15% and penal interest at 25%
rate if the due period is over. The buyers are getting anxious who are already paying service tax
of 3.09%.
MCHI-CREDAI members were unavailable for the comments.

Maharashtra may not impose 15 pc interest as penalty for VAT delay
MUMBAI: Maharashtra finance minister Ajit Pawar has indicated that the state government will provide a waiver on 15 per cent interest as penalty on value-added tax (VAT) levied on property transactions between 2006 and 2010, offering relief to thousands of harried home buyers. The finance department has also said that VAT will be charged only on the cost of building material and not on the cost incurred on labour, engineering, architecture and construction services.

An official announcement will be made only after September 8 since the election code of conduct is currently in force for the gram panchayat elections which will be held on the same day. "We have asked builders to collect VAT in the range of 1-5 per cent from consumers and pay it to the government. Since many builders have not paid the tax yet, the government, in its circular, has demanded that 15% interest should be charged as penalty.

It is clear that for flats and properties bought after April 2010, the VAT is 1 per cent," said a top official in the sales tax department. A delegation of developers will meet Pawar on Tuesday to discuss the trade circular issued by the state government after the Bombay High Court struck down the petition filed by the builders' association challenging imposition of VAT on properties bought between June 20, 2006, and March 31, 2010.

While the court ruling will help the state collect close to . 1,000 crone from this tax, the government is likely to give some relief to consumers by waiving off the 15 per cent interest, said officials in the finance ministry who didn't wish to be named. With the builders demanding more clarity on what's the exact percentage of tax; buyers, who suddenly face the prospect of shelling out more money, are outraged by the decision.

A finance ministry official also clarified that VAT is not on expenses incurred or services required during the construction of a property; it will be charged only on building material. So, the cost of services can be deducted from the cost of property shown in the agreement , which is likely to reduce the taxable amount by about 30 per cent for most flats and bungalows. Meanwhile, builders have already started collecting VAT from flat buyers. Some developers have already created escrow accounts, received bank guarantees , and even taken written undertakings or commitments from customers.

Therefore, they will be able to pay these taxes immediately. "Although VAT is 5 per cent, the final amount effectively works out to 7-8 per cent because of the 15 per cent annual interest and 25% penalty charges. Few builders, who have already collected 5 per cent from customers, will still have to pay a higher amount, which the customer may not agree to shell out.
Reaction to retrospective 5% VAT in Maharashtra
Reactions to the Maharashtra Government`s decision to retrospectively levy 5% VAT of the value for all flats purchased between 2006 and 2010
There has been a prolonged flip-flop in progress with regards to the VAT issue, and the matter was sub-judice for quite a while. Earlier, VAT was proposed to be at 5% but was lowered to 1%, and has now been fixed at 5% after all. This will have an obvious negative effect on buyers, because developers are bound to pass the added cost on to them. In cities like Mumbai, this definitely does not spell good news in a scenario which is already defined by high inventory pile-ups and reduced sales.

On the one hand, the market was awaiting new policies that would aim to boost flagging home sales. However, the Government's need to ramp up its fiscal deficit by generating additional revenue seems to have gained the upper hand.

Buyers who had purchased their homes in 2006 would have taken possession of their homes by now and would not be affected. However, those who had made their purchases in under-construction projects in 2010 and have not yet received possession will have to pay 5% extra on the final amount. In some cases, developers have protected their customers from possible VAT-induced price escalations by specific clauses in the agreements, but such incidences are exceptions rather than the rule.

In our view, this ruling will probably lead to a higher degree of disputes between buyers and developers, but will not necessarily result in cancellations. In certain areas, there may be viable alternatives to new constructions available on the resale market. If such options exist, buyers can definitely consider those options.