(4) The agent/administrator designated by the Registrar shall not make a decision to renovate the buildings of co-operative housing associations. Given that the ownership of so many residents is at stake, it makes sense to hire professionals like us to get a clear picture of the redevelopment contract the company is entering into. The wise advice of lawyers before signing on the dotted line will certainly help the company make a responsible decision. 10. The contract of employment between the architect and the company must contain a provision for the settlement of disputes that may arise in the context of renovation work under section 91 of the Act. Implementation of cluster rehabilitation of enterprises that enjoy property rights on the land and are affiliated to a cooperative for housing construction: -1. Businesses that have ownership rights to buildings and common areas can carry out cluster renovations on behalf of and through the Co-operative Housing Federation. The development agreement should list the general specifications and amenities to be provided for the apartments in the new building on the company`s property. It should have an appropriate schedule of the property at the end of the agreement, which should indicate the location of the property as well as the name of the suburb, the final number of the land, the CTS number, the area of the parcel and the municipal district number. However, with regard to the land through new houses in the new project, which the builder makes available to existing members in accordance with the development agreement, a separate agreement – a “permanent alternative accommodation agreement” – must be signed. The Maharashtra Real Estate Regulatory Authority (MAHARERA) issued a landmark order to protect home buyers in a redevelopment project and ordered the developers and the company to pay MAHARERA a fine of Rs 15 lakhs for violating the standards of the RERA Act of 2016. This was made clear by the Bombay High Court in chaturbhuj Dwarkanath Kapadia V/s. CIT 260 ITR 491 when it stated that “the purpose of entering into a development contract is to enable a professional contractor to make a profit by completing the construction and selling the apartments at a profit.
The purpose of these professional contractors is only to make a profit by completing the building and therefore no interest in the land created in their favor under such agreements. Such agreements are only one type of remuneration for developers for their building construction services, as stated in Gurinder Developers Vs. Kurla Konkan Niwas Co-operative Housing Society (2000) 3 Mah Lj 131. (4) However, as regards the criterion of the document in favour of the individual member referred to in point 2, in particular as regards the confirmation of compliance with the criteria, this is a court-type procedure. Therefore, the instructions are also given that if the parties to such a document are of the opinion that this criterion is met with regard to the document and that the provision of § 4 becomes applicable, they can obtain such a transfer document in the restructuring plan decided by the stamp collector, and therefore, the Deputy Registrar may directly register other similar documents, which have the same design in the plan as according to the decision. Only after such an agreement, which adequately compensates and accommodates residents/tenants elsewhere, has been submitted to the Citizens` Authority will the Citizens` Authority issue CCs for these redevelopment projects in accordance with section 45 of the Maharashtra Urban Planning and Region Act 1996. The biggest leap in the realm of saving the lives of tenants of these unsecured buildings is that the BMC, under the protection of the law, can now forcibly evict residents of private buildings that are in the most dilapidated state and endanger the lives of their residents. The Bombay Supreme Court has approved the Guidelines of the Citizens` Authority with a policy recommendation that prescribes a week in advance to deport these dangerous residents.
The Bombay High Court has issued guiding principles for reducing the size of dilapidated buildings, evicting, demolishing and rehabilitating tenants/residents of these buildings, just as the BMC has introduced new conditions for the rehabilitation of these structures. 5. New members will be admitted to the association only after the completion of the restructuring project with the agreement of the extraordinary general meeting of the company. Circular No. K.5-Stamp-17-Pra.Kr.10/13/303/17, issued on 30 March 2017 by the Inspector General of Registration and Stamp Controller (State of Maharashtra), provides that stamp duty on new premises is applicable in accordance with the provisions of Article 4 of the Maharashtra Stamps Act, as there is no transfer of ownership in rehabilitation projects, because there is also no stamp duty payable on areas, members of the rehabilitation society or additional It was agreed that they would have space in new buildings. 15. Protocol containing the decision of the SGBM: powers conferred on public officials to execute all documents relating to the new development of the resolution of the government of the company: -1. If a competent authority has declared that the building of a cooperative housing association is a ruinous or dilapidated building or dangerous for colonization or as a danger to passers-by or a building or place in the neighborhood and the company is authorized to renovate the building in accordance with the development control regulations, this company can take a decision on the renovation of the building at its extraordinary general meeting. However, this extreme measure is taken by the company before the registration of the remediation project with MAHARERA by the developers after receiving the Begin certificate. Once the rehabilitation project has been registered with MAHARERA by the developers, the Company may not terminate the development agreement unless MAHARERA`s prior approval has been obtained from the Company. 1.
Make a preliminary decision taking into account the requirements and suggestions received from members for the renovation of the company building. (2) An extraordinary general meeting called for the cluster renovation of the buildings of the enterprise affiliated with a cooperative housing association shall have a quorum of 2/3 of the total membership of the corporations affiliated with that federation. The subsequent procedure to be followed following the preliminary decision on the rehabilitation of clusters as set out above is similar to the procedure described above for the rehabilitation of cooperative housing associations. A development agreement is a key document that essentially creates costs and a tangible interest of developers in rehabilitating the ownership of the business. According to § 17 paragraph 1 of the Registration Act 1908, compulsory registration is required in the case of deeds/documents. That article reads as follows: “claim or act to create, declare, assign, limit or extinguish any right, title or interest, acquired or conditional, whether present or future, vested or conditional, in or in the future, vested or conditional, to or in immovable property”. The quorum of the Extraordinary General Meeting is 2/3 of the total number of members of the Company. If the quorum of the meeting is not reached, it is postponed to the next 7 days and this meeting also does not respect the quorum, it is assumed that the members are not interested in the renovation of the building of the association and the meeting is canceled and then for the next 3 months said object is not submitted to the approval of the Extraordinary General Assembly. . .
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