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  1. Sir,I have purchased a Flat from the Builder which is built on CIDCO given land in Navi Mumbai.The required stamp duty was paid and got registered the sales deed. The builder gave the possession of the Flat with a possession letter.At that time the process of registration of the co-op hsg society and conveyance of the property to the society was going on.The builder charged me Rs. Thirty thousand towards the formation of the society also.After the registration of the society and the conveyance of the property to the society,I came to know that my name is not included in the list of members of society.Now the official of the Hsg society wants me to file a fresh application for membership in the society with share amount and entry fee.when i approached to the manager of the builder to get the reason of this lapse,he told me that the names of the buyers already booked the flats only included for registration of the society.He also told me that i have to execute a conveyance deed with CIDCO to get NOC for future sale of the my flat.Sir,my query is that 1)whether the builder is right to take money from the buyers for formation of Hsg society and not including them in the registered list.2)Is it necessary to execute an individual conveyance deed with CIDCO as the whole Property conveyance was made to the Co-op. Hsg. Society. Pl.give me a solution. Krishna.g

  2. Dear Mr. Krishna G.,

    I have gone through the facts of your case and would like to answer your queries in serial order:

    (1) Please confirm whether the initial Rs.30,000/- was towards society formation charges only or if also included membership fees. If he has taken the sum for both then he will have to include your name in the list. If the sum of Rs.30,000/- was for society formation only and not for membership fees then the Society can always collect from the members at a later stage.

    (2) No. The plot of land will be transferred to the Co-op. Hsg. Soc. only and not to each individual member.

    By the way, the manager of your builder in incorrect in stating that CIDCO NOC is compulsory. As far as sale/purchase of flats on CIDCO plots are concerned, NOC is no longer mandatory and there is a deemed NOC in such a case. However, I always advise, a month advance written intimation to CIDCO regarding such sale/purchase of flats.

    I hope this answers your queries satisfactorily.

    Best Regards,
    Vikrant Shetty,
    Founder, Mowing the Law