Friday, December 10, 2010

WHAT IS THE PROCEDURE FOR NAME TRANSFER IN MHADA PROPERTY?

WHAT IS THE PROCEDURE FOR NAME TRANSFER IN MHADA PROPERTY?
We have purchased a flat in a MHADA society in Byculla, Mumbai, in May 2005 as the third sale. We have already obtained NOC from the society, but we have to have the flat transferred in the records of MHADA. Please let me know the procedure, requirements, tax and charges applicable for the transfer.
–Amit Jain

In the case of a society in respect of MHADA property, any change in the membership by way of any addition or deletion therein would need the prior permission from MHADA. After obtaining the NOC from the society, you and the seller may approach MHADA with the said NOC of the society for approving your name as the member of the society in lieu of the seller. The transfer, prescribed form etc. for this purpose would be available in the office of the society or these may be obtained from the office of MHADA as also the charges payable, because the transfer charges differ from location to location, area of the flat, age of the building etc.

DOES FIXING BOX GRILL FOR AIR CONDITIONER REQUIRE CONSENT?
Our rented flat is converted into a co-ownership flat in JVPD Mumbai by the land lord on payment of the amount with registration fee etc. A number of the flat owners in the building have fixed box grills to safeguard the AC and to keep the flower pots from slab level to top of window without the consent of anybody. However, the care taker of the land-lord has objected to my fixing the box grill. Can I fix grill without the consent of the land-lord and our flat owners' association has not given any account from the date of its formation. Can we take any action against them?
–Mahesh Goradia

It is not clear from your query whether the society has been registered or the apartment owners association under the provisions of Maharashtra Ownership Apartment Act has been registered or the building is still under the control of the builder or the developer. However, there cannot be any discrimination for the fixing of the grill on the windows amongst the purchasers, either by the land-lord or the society or the apartment association, as the case may be. But it has to be ensured that it should not cause any annoyance or inconvenience to the other residents by way of muddy water from the flower-pots or throwing waste material etc. in the compound or the water dipping from the wet cloths hanged in the box- grill. As regards the account, if the building is under the control of the builder, he is bound to render the accounts of all the amounts collected for the purpose as per the provisions of Section No.5 of the Maharashtra Flat Ownership Act 1963, failing which he may be dragged to the court. If the society has been registered, the accounts have to be circulated with the agenda in the general body meeting and the failure may be brought to the notice of Dy. Registrar of the societies. In case of apartment owners association, remedy lies with the civil court.


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