Viz …………………………………………………………………………………… ……………....................................................................................................
1 Applicable in case the land is leasehold.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 ……………....................................................................................................
24. IT IS ALSO UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES hereto that the terrace space in front of or adjacent to the terrace flats in the said building, if any, shall belong exclusively to the respective purchaser of the terraceflat and such terrace spaces are intended for the exclusive use of the respective terrace Flat Purchaser. The said terrace shall not be enclosed by the flat Purchaser till the permission in writing is obtained from the concerned local authority and the Promoter or the Society, or as the case may be, the Limited company.
25. This Agreement shall always be subject to the provisions of the Maharashtra Apartment Ownership Act, (Mah. Act No. XV of 1971) and the rules made thereunder/said Act and the rules made thereunder.
Note:-Testimonium clause to be finalised in individual cases having regard to the constitution of the parties to the agreement.
First Schedule Above referred to (Description of the free hold/lease-hold land) Second Schedule Above Referred to (Here set out the nature, extent and description of common areas and facilities/limited common areas and facilities).
ANNEXURE A Name of the Attorney-at-Law/ Advocate Address Date No.
RE:
CERTIFICATE This is to certify that we have investigated the title to the aforesaid property which is more particularly described below in the Schedule hereunder written and have persued title deeds and certify that in our opinion the title of………..the Vendor/Lessor/Original Owner/Promoter is clear, marketable and free from encumbrances, charges and/or claims.
The Schedule Above Referred to (Description of Property) Bombay : Dated…….day of……….198 .
(Signed) Signature of Attorney-at-Law/Advocate ANNEXURE B (Copies of Property Card or extract of Village forms VI or VII and XII or any other revenue record showing nature of the title of the Vendor/Lessor/Original Owner/Promoter to the said land).
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 ANNEXURE C (Copy of the plans and specifications of the flat as approved by the concerned local authority).
ANNEXURE D [(Description of the Flat).
ANNEXURE E (Specification and amenities for the Flat).
Note:-Execution clauses to be finalised in individual cases having regard to the constitution of the parties to the agreement.
Received of and from the flat Purchaser abovenamed the sum of Rupees……….being the fifteen per cent of the sale price of the flat as advance payment or deposit paid by the Flat Purchaser to the Promoter.
I say received.
The Promoter/s.
1[FORM VI (SEE RULE 12) Form of application under proviso to sub-section (1) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Mah. XLV of 1963) for obtaining direction to the concerned Registrar of Co-operative Societies for registration of society.
Before the Competent Authority at ………………….
Application under proviso to sub-section (1) of section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer ) Act, 1963.
Application No. ………………….. of 20 …………………… …………………………………………… Applicant/s;
Versus ……………………………………………Promoter/s Opponent/s.
The Applicant/s above-named state as follows:
1. The Applicant is the Chief Promoter of ……………….…………… Co-operative Housing Society Ltd. ( Proposed ) having its address at Plot No. ………………………..
(address) ……….……………………………………………………………………… (hereinafter referred to as “the said proposed Society" for the sake of brevity).
2. The Chief Promoter has been elected in the meeting of the persons who have taken flat from the Opponent (hereinafter referred to as “the flat purchasers”) held on and the copy of the resolution is annexed and marked Exhibit No. ……… 1 Form VI added by the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010, vide Notification No. F0B. 2008/CR. 170/RR-II, dated 27th September, 2010.
Court-fee stamp of Rupees 1000/ (Rupees One thousand only) Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50
3. The Applicant states that the building of the Society consists of ………………… wings / ……………… building known as ………………. (give the description here)
4. The Applicant state that the Opponent No. ……………………… and/or their Authorised Representatives has/have entered into Agreement for sale of flats/ shops with the individual purchasers of the flat/ shop and entered into Agreement for Sale of the said flat/shop as required under section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and all Agreements are duly stamped, as required under the Bombay Stamp Act, 1958 and also duly registered, as required under the Registration Act, 1908.
5. The Opponent No. 1 and their Authorised Representatives have agreed to register the Society or Company or Association of flat purchasers, to maintain the building and common areas. The copy of the said Agreement for Sale executed with one of the flat/ shop purchaser Mr./ Mrs. …………………………….. with the Opponent No.
………….. is enclosed herewith and marked as Exhibit No. ………………
6. And a list of flat purchasers with the details of flat number, area, stamp duty paid, registration number, registration fees paid, etc., is given in Exhibit No. ………
7. The Applicant further states that the flat purchasers in their meeting have elected the Applicant as a Chief Promoter and also have authorised the Applicant to register the Society.
8. The Applicant states that the Opponent No. …………………… has failed to submit an application for registration of the organisation of flat purchasers as a cooperative society as required under sub-section (1) of section 10 of the said Act within the time prescribed under rule 8 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Rules, 1964. The Applicant is, therefore, entitled to get the direction / order from this Competent Authority for registration of the Society by the flat purchasers of the said building as per the provisions of the Maharashtra Co-operative Societies Act, 1960, under proviso to sub-section (1) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963.
(Details of the sequence of events and the correspondence may be mentioned by the Applicant here)
9. The Applicant will rely upon a list of documents, which is annexed hereto.
10. The Applicant. therefore, pray -
(a) That this Hon’ble Competent Authority be pleased to order the registration of the proposed co-operative society under the proviso to subsection (1) of section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act,
1963.
(b) For costs of the application to be provided.
(c) For such other relief as this Hon'ble Competent Authority may deem fit.
Sd/- Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 Sd/- Advocate/Authorised Representative Applicant.
VERIFICATION I, Shri …………………………………………………………………… being the Applicant/ Chief Promoter of proposed Society and Authorised Representative abovenamed, residing at ……………….…… floor …….. do hereby state on solemn affirmation that what is stated in the foregoing Application is true to my own knowledge and I believe the same to be true.
Solemnly declared at ……………… This day …………….. of ……….. 20 ……… Sd/- Before me Sd/- Sd/- Advocate/Authorised Representative Notary Public Note.- When an Applicant is a Body Corporate, a copy of the resolution of its Committee or Board of Directors shall accompany the Application.]
1[FORM VII (SEE RULE 12) Form of Application under sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 to issue a Certificate for unilateral deemed conveyance or registration of Declaration in favour of the Applicant.
Before the Competent Authority at ……………….
Application under sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.
Application No. ……………… of ………… 20 ………..
…………………………………………… Applicant/s;
1 Form VII added by the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010, vide Notification No. F0B. 2008/CR. 170/RR-II, dated 27th September, 2010.
Court-fee stamp of Rupees 2000/ (Rupees Two thousand only) Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 Versus ……………………………………………Promoter/s Opponent/s.
The Applicant/s above-named state as follows:
(1) The Applicants are the members of a Co-operative Housing Society formed under section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 duly registered under the Maharashtra Co-operative Societies Act/ the Company/ Association of Apartmenttakers having its registered office at (address) ……………… (hereinafter referred to as “the said Society”/ “said Company”/ “said Association of Apartment-takers”).
(2) The said Society / the said Company/ the said Association of Apartment-takers is in possession of a Plot of land bearing Survey No. …….. Hissa No. ………… City Survey No. ……………. Admeasuring …………. sq. metres, (hereinafter referred to as “the Suit Premises”). Hereto annexed and marked as Exhibit No.
…………………. is the copy of Registration Certificate of the said Society / the said Company/ the said Association of Apartment-takers.
(3) The Applicant states that the building of the said Society / the said Company/the said Association of Apartment-takers consists of ………………… wings / …………..
building known as ………………… (give the description here)
(4) The Applicant states that the Opponent has entered into an Agreement for Sale of flats/ shops with the individual purchasers of the flat/ shop as required by section 4 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and all Agreements arc duly stamped as required under the Bombay Stamp Act, 1958 and also duly registered as required under the Registration Act, 1908. The Opponent has agreed to convey the suit premises with the entire building constructed thereon (hereinafter referred to as "the said Property") to the said Society / the said Company / the said Association of Apartment-takers within the period agreed upon in the agreement or within a period of four months from the formation of the said Society / the said Company/ the said Association of Apartmenttakers, as provided in rule 9 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964. The copy of the said Agreement for Sale executed with one of the flat/ shop purchaser Mr. / Mrs.
……………………… with the Opponent No. ……………… is enclosed herewith and marked as Exhibit No. …….……….. , and a list of present members with the details of flat number, area, stamp duty paid, registration number, registration fees paid, etc., is given in Exhibit No. …………..
(5) The Opponents have failed to execute a conveyance for conveying the right, title and interest of the promoter in the land and building in favour of the Applicants, which they are legally entitled to have and enjoy as provided under the said Act and the rules made thereunder. (In case of Association / Condominium to be submitted under Apartment Ownership Act, as per the desire of flat purchasers, the fact should be mentioned and the failure of the promoter in complying with the provisions of the law should be brought out here) Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50
(6) The Applicant is, therefore, entitled to have a certificate issued by this Competent Authority that the Applicant is entitled to have a unilateral deemed conveyance in respect of the suit premises under section 11 of the said Act.
(7) Accordingly, this Competent Authority be pleased to issue a certificate of entitlement of unilateral conveyance of land admeasuring ……………… sq. metres as specifically set out in (the Property Registration Card) the copy of the Agreement dated ………….. alongwith building situated at Plot No. …………….., bearing Survey No.
…………. Hissa No. ……………… at ………………. gunta, ………………….. (Name of the place) …………….. in favour of the Applicant as the same falls within jurisdiction of this Hon’ble Competent Authority.
(8) The Applicant will rely upon a list of documents, which is annexed hereto.
(9) The Applicant therefore prays that:
(a) This Hon’ble Competent Authority be pleased to grant a Certificate that the Applicant is entitled to have an unilateral deemed conveyance of Suit Premises under section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and to have it registered.
(b) For costs of the application to be provided.
(c) For such other reliefs as this Hon’ble Competent authority may deem fit.
(Sd/-) Advocate/Authorised (Sd/-) Representative for Applicants.
Applicant.
VERIFICATION I, Shri …………………………………………………………………. member of the Applicant and Authorised Representative abovenamed, residing at ………… floor ………………… Co-operative Housing Society Ltd. …………………… do hereby state on solemn affirmation that what is stated in the foregoing Application is true to my own knowledge and I believe the same to be true.
Solemnly declared at ………………..
This ……………. 20 …………. (Sd/-) Before me (Sd/-) Notary Public.
(Sd/-) Advocate/Authorised Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 Representative for Applicants. ] 1[FORM VIII [SEE RULE 13(1) (C)] Form of Notice to the Applicant to comply with the requirements in the Application filed under proviso to sub-section (I) of section 10 or sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 Before the Competent Authority at ……………………………………..
Application u/s. 10 or 11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer ) Act, 1963.
Application No. ………………. of ………….. 20 ………………….
………………………………………………… (Applicant/s.)
Versus ………………………………………………… (Promoter/s) (Opponent/s.)
To, The above named Applicant-
1. You have filed an Application for order under section 10/ 11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as “the said Act”).
2. It does not comply with provisions of the Act, and the Rules and notifications made thereunder in the following respects:
(a) ……………………..
(b) ……………………..
You are hereby required to remedy the defects within 15 days of the receipt of this notice by you. If you fail to comply with the requirements as mentioned above, within the said period, your Application will be rejected and filed accordingly and no claim or request whatsoever will be entertained thereafter.
Given under my hand and the seal of the Competent Authority By order, Competent Authority.
Dated the 20 .
1 Form VIII added by the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010, vide Notification No. F0B. 2008/CR. 170/RR-II, dated 27th September, 2010.
Seal Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 Requirements/Defects
(1) It does not specify the name and address of the Applicant/s and also those of the Opponent/s as required under the rules.
(2) It does not bear court-fee stamp of Rs. …………….. as required under the rules.
(3) (a) No Vakalatnama is filed though the memo is signed by the Advocate
(b) The Vakalatnama does not bear Court Fee stamp of Rs. …………..
(c) The Vakalatnama is not signed by all Applicants.
(4) A certified copy of the Agreement for Sale executed with the Promoter / Builder is/ are not filed.
(5) The uncertified copies of Sr. No. ………… above are not filed as per the rules.
(6) The Application is not verified as required under the rules.
(7) Additional copies of ……………… Application with annexures required to be sent to all the Opponents / Promoter as per the rules arc not tendered.
(8) A Resolution of the Managing Committee/Board of Directors authorising the Applicant on behalf of the Society or the Company or the Association to sue or be sued on behalf of the Society or the Company or the Association is not filed.
(9) (a) The Application suffers from defect as stated in para. No. ……………….
(b) The Application complies with all the requirements under the Rules. It is registered as Application under section/rule ………………… of the Act/Rules. Letter or requisition calling for relevant record put for signature.
Officer of the Competent Authority] 1[FORM IX [SEE RULE, 13(2)] Register of applications received by the Competent Authority under sections 10 and 11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 Sr. No. Date of receipt & mode of receipt and case Number Name and address of the Applicant/and their pleaders or agents, if any Name and address of the Opponents and their pleaders or agents, if any
(1) (2) (3) (4) 1 Form IX added by the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010, vide Notification No. F0B. 2008/CR. 170/RR-II, dated 27th September, 2010.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50 Section under which application is filed Date on which Applicant was directed to rectify the defects and the date of compliance Dates of hearing and manner of service of notice Date of disposal of the application/ order passed /certificate issued
(5) (6) (7) (8) 1[FORM X [SEE RULE 13(2)] Form of Notice to the concerned parties Before the Competent Authority at …………………..
Application u/s. 10 / 11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer ) Act, 1963.
Application No. ……………… of …………. 20 ………..
…………………………………………… Applicant/s;
Versus ……………………………………………Promoter/s Opponent/s.
To, The above named Applicant/s and address The Promoter/Opponent/s and address
1. Take notice that the above Application has been filed by the Applicant under section 10 or 11 under the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and under the applicable Rules against the Promoter/ Opponents and the entire Application with enclosures are attached herewith.
2. The Promoter/Opponent/s is/are hereby called upon to file his/their written reply on …………. at ………… time at the office of Competent Authority as his/ their defence in person or through his Advocate or his Authorised Representative and the Applicant is advised to collect the reply, if any filed, on …………….. at ………… time at the office of Competent Authority.
3. Considering the written reply received/ not received, the final hearing/ oral argument in the above case has been fixed on …………….. at ………….
1 Form X added by the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010, vide Notification No. F0B. 2008/CR. 170/RR-II, dated 27th September, 2010.
Laws4India.com, Plot No. 118, Ramani Villa, TPS IV, Bandra (W), Mumbai – 50
4. If you do not file the reply or do not appear on the above date or dates, personally or through the duly appointed Representatives, the matter will be heard and decided ex parte.
5. Given under my hand and the seal of the Competent Authority By order, Competent Authority.
Dated the 20 …………] Seal 32