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Upon failure from the builder to form the society, flat purchasers need to take the initiative for the formation of the society. Before the registration proposal is submitted to acquire the Co-operation from the builder, the intention should behind such a effort should be written to the builder in form of a letter. A copy of such a letter should also be provided to the Deputy/Assistant Registrar of the co-operative societies ward concerned with a request to call upon the Builder concerned to provide a valid explanation as regards to his failure to comply with the Section provision under the Maharashtra Ownership Flat, 1963.
If the builder refuses to extend their cooperation in the registration formulating proposals; an undertaking for the same in lieu of an undertaking by builder are contained in the ‘Z’ form along with a letter has to be given to the Deputy/Assistant Registrar of co-operative societies. (Refer Annexures 15 and 16)
The chief promoter has to be submit many documents, statements, undertakings, etc along with the registration proposal.
The proposal for Society registration should be complete in all respects and the Registration Authority should be satisfied that :
(a) The proposed society has followed the provisions of the Act and the Rules and any other Laws for the time being in force.
(b) The proposed society has followed with the complete policy directions issued under section 4 by the state government.
(c) The bye-laws that are being projected and suggested are not contrary to the Act or Rules.
Upon registration of Society; A certificate of registration shall be provided as evidence that the society is duly registered, unless the builder or developer proves that the registration of the society has been cancelled. As long the registration of the society stands and it was not cancelled by the Registrar.
