Saturday, July 10, 2010

Documents to be collected from the developer:


1.  (a) If the developer's Company  is registered under The Companies Act, 1956 certified copy of Memorandum of Association, Articles of Association, certificate of Incorporation, and List of Directors.
  (b) If the developer is in a Partnership firm registered under Indian Partnership Act, 1932 – Certificate of registration, List of partners duly certified from the Registrar of Firms.
  1. Permanent Account Number of Income tax (PAN NO.)
  2. Last three years Return of Income and final accounts with audit reports.
  3. Solvency Certificate from the banker of developer
  4. MVAT registration certificate
  5. E.S.I.C. registration certificate
  6. P.F. registration Number
  7. Source of T.D.R. to be utilized

Ø      Following Documents to be colleted from the developer on completion of the project:
1.      Approved Plan of Building/s
2.      Commencement Certificate
3.      Completion and Occupation Certificate
4.      Property, water and Electricity department No Dues Certificate.
5.      List of new members with copy of agreements
6.      All Correspondence with different authority

Ø      Step and procedures for carrying out Conveyance
1.      Pass Resolution in the General Body to authorize the managing Committee to obtain conveyance.
2.      Draft discussion to be recorded in the committee meeting regarding the appointment of 
 Consultant/Advocate.
3.      Appointment letter to consultant/Advocate.
4.      First letter to the builder inviting his attention to the Maharashtra ownership of Flats Act, 1963.
5.      Discussion on Builder’s replay to the first letter and progress thereafter and record of the minutes to call  
for the additional information.
6.      Issue 2nd letter to the Builder with a copy to the landlord, Architect, Advocate of Builder, Registrar, police 
station, Talathi office.
7.      Consultant/Advocate to proceed legally (Draft minutes of the Managing Committee).
8.      Series of meeting with Builders Advocates/Consultants will be carried out.
9.      Filing of cases in the Civil Court, Criminal Court or Consumer Court, if required.
10.  Issue of legal notice to the builder/landlord, his partners from Advocate.
11.  Discussion on reply from Builder and authorizing the advocate to proceed legally and authorizing the office 
 bearers to attend to legal matters and also the Payment of fees.
      12. Draft of public notice to be given in case of non availability of builder/landlord.
13. Draft letter to be issued to members to provide copies of stamp duty paid receipt, copy of agreement and  
 registration receipt.
14. Draft letters to the persons/members who have not paid stamp duty and done registration advising the 
 same at the earliest.
15. Verification of each individual member’s agreement.
16. Assessment of deficit Stamp Duty and registration charges payable by individual member’s on their 
respective agreements.
17. Application on behalf of the society to various legal departments for obtaining official legal documents pertaining to the society.
18. Application to Tahsildar for 7/12 Extract / From 6 for obtaining details such as Survey Number, area, date from which current owner is registered and Mutation entries which show how the name of the present owner has appeared in the revenue records.
19. Search report and title clearance by conducting a search on title of property. These documents would state whether the title to the property is clear, Marketable and free from encumbrance. Through the court process or by engaging a legal practice nor ‘Title Clearance Certificate’ and last 30 years search Report / encumbrance certificate can be procured.
20. Contact office of Sub-Registrar of Assurances to issue Index II document. This mentions the name of the sellers and purchasers and gives a brief Description of the property for which the document     is registered.
      21. NA order in which the collector of the District grants permission to use the land for non-agricultural           
      purpose.
      22. Check development agreement entered into by the builder with the landowner. This agreement is generally 
      accompanied by a “Power of Attorney” in Favor of the developer.
      23. To check the plan made by the developer and required to be approved by the Municipal Corporation or 
      Concerned authority.
      24. To procure the Property Card this needs to be rectified later on.
      25. Points to be considered at the time of preparation of the conveyance deed.
      26. Adjudication of Conveyance Deed.
      27. Attend hearing; follow up with collector of Stamp duty.
      28. Work out the minimum stamp Duty payable towards the Conveyance deed.
      29. File a complaint with the Dy. Collector of the District.
      30. Registration of Conveyance Deed with Sub Registrar and obtaining the original conveyance deed.
      31. Apply to the City Survey office for change of name in property Card.
      32. Apply to B M C for change of name in the Assessment Bill.     

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