21 June,2010 07:31 AM IST | | Vinod Sampat
All your issues regarding housing societies -- your neighbour creating unnecessary trouble in society decisions, or your problems with the secretary -- answered by our expert
Is there currently any law restricting ownership of two flats in one society under the same, single or joint names? I heard there were some restrictions before. Is there any other factor to be considered Please clarify. -- Ram
Any person can buy as many numbers of flats as he desires. The bye-laws of the society in Maharashtra gives power to the Co-operative Society to admit a person having more than one flat.u00a0 There are no such restrictions if one purchases premises under the Maharashtra Apartment Ownership Act.
I have lost the share certificate of my flat in a co-operative housing society located at Andheri (W). I had applied for a duplicate share a year ago. The society has not issued the duplicate certificate so far. The secretary, who had acknowledged my application for duplicate share certificate has resigned and the new secretary refuses to issue a duplicate share certificate due to personal fights. Please advise. -- Ashish Vardhan
It is sad that you have lost a share certificate. In the event the society is not responding, you should approach the Consumer Forum on the grounds of deficiency of service not only against the society but also against the managing committee. You may also approach the office of the Deputy Registrar of the co-operative society. Some societies insists on a normal complaint to be lodged in the police station, issuance of public notice, etc. A simple submission of an indemnity bond on a Rs. 200 stamp paper, executed in the presence of two witnesses is sufficient.
What is the VAT payable for residential property purchased, agreement made, stamp duty paid and document registered in January 2007. The property is in proper Mumbai. -- Pradeep Solanki
If the flat is purchased in the year 2007, irrespective that possession was given at the time of purchase of the flat or was agreed to be given later, VAT is not payable. The VAT has to be paid by the builder and not by the individual flat purchaser. Sometimes, the builder refuses to handover the possession of the flat until the builder gets the said amount or takes an indemnity bond from the purchaser agreeing to pay amounts such as VAT, service tax, etc.
(Having regards to the complexities of the facts, parties should recheck the advice with their lawyers. The paper or the persons giving the information are in no way liable for the answers given to the readers.)
