Aapka Sawal Hamara Jawab: Expert Guidance On Housing Society Rules, Redevelopment & Legal Matters
All the above queries were answered by Ajay Chaudhari, a Redevelopment Awareness Initiator and Consultant guiding housing societies across Mumbai and Pune.
🟢 This is Part of AAPKA SAWAL HAMARA JAWAB Campaign of YNN
📌 You can send your Questions on 8850665079 through Whatsapp – we will answer weekly once through our Experts.
🏠 Housing Society Rules & Compliance
Query:
If Tribunal court gives a verdict by cancelling the gift deed. Can the copy of the same be given to society to change the name an honour court verdict?
Reply:
Unless Society had not made changes in Society’s Record according to Registered Gift Deed, no need to submit copy of the Order passed by the Honourable Tribunal to cancel the Registered Gift Deed.
🏗️ Redevelopment & Self-Redevelopment
Query:
My Society is planning for redevelopment. We qualify to redevelopment norms. Most members in the General body are in favour of builder led development but there are few members who feel the Joint or Hybrid model should be explored. The GB has passed a resolution for Builder led development through proper tendering process. Few members in favour of the joint or Hybrid are insisting that the MC should explore both the options through the tendering process. What’s your view to this situation?
Our society has more than 180+ members and the plot is appx. close to two acres located in the central suburb.
Can you please guide us way to move ahead 🙏🙏🙏
Reply:
In my personal opinion, every Society must explore both options (Under Registered Development Agreement and Joint Self Development) before concluding anything.
🏛️ Legal Reporting – Civil Matters
Query:
Can irrevocable consent be signed immediately after signing of the Development Agreement?
When Complaint with the registrar is pending and matter has been filed at the cooperative court.
Reply:
A. Irrevocable Consent of the Member needs to be provided before Execution of Development Agreement and not post Registration of Development Agreement.
⚖️ Legal & Tax Compliance
Query:
If any fees are paid to advocate, is the society liable to pay GST on services rendered from an advocate?? If yes, how to make payment in GST portal, if society does not have GST number??
Reply:
Services provided by the Advocates don’t come under purview of GST.
🏘️ Housing Society Rules – Committee Membership
Query:
Is it permissible for both husband and wife to be committee members if, in both flats, the husband’s name is listed first?
The first flat is solely owned by the husband, while the second flat is jointly owned with the husband’s name first and the wife’s name second.
Reply:
In both cases Husband is a Primary member.
Conclusion: Both cannot contest the Managing Committee’s Election at a time.
Ajay Chaudhari
(A Redevelopment Awareness Initiator cum Consultant)
Mumbai | Pune | 9820065675
