Section 6 of the Maharastra Co-operative Societies Act, 1961

The other documents necessary for Housing Societies are as follows:

The person who has legally acquired or intends to acquire a plot or flat in the proposed Society can join in application for registration of a Society. The following procedures have to be fulfilled:

·         The documents pertaining to the purchase of land/building.

·         Title clearance certificate.

·         Sanctioned/Proposed plan and layouts for construction of building / houses.

·         Proof of payment of stamp-duty and registration of documents.

·         Certificate from the architect showing the scheme of construction.

·         In case of Builder promoted Societies, FORM- Z and for others FORM-X is to be submitted.

·         60 % of the total members should join in the Registration Proposal.

(i) Registration is optional in the case of a flat owner to another person in a registered Co-operative Society. This is because under section 41 of the Maharashtra Co-operative Societies Act, 1960, any instrument relating to a transfer of shares in a society is exempted from compulsory registration.

(ii) A flat owner to another person in an unregistered society. Registration is advisable.

This is because registration of a document safeguards the interest of a purchaser.

In the Rules framed under the Act known as Maharastra Co-operative Societies Rules, 1961, the Registrar classifies the societies under section 12 and Rule 10 where housing societies is classified into three categories-

(a) Tenant Ownership Housing Society- where land on which the houses are built and constructed is obtained either on lease-hold or free-hold basis by the society for the joint activities of the members.

(b) Tenant Co-partnership Housing Society- is a housing society, which holds both land and building either on lease-hold or free-hold basis and allots the flats or other premises in the building to its members.