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builder.
Upon receiving the application from CP the registrar is supposed to issue notice to builder to come forward to cooperate for formation of CHS. If Builder
refuses to listen to such a plea from Registrar than an ex-parte decision is taken for registration of the society by the District Dy. Registrar of the Housing Society.
Recently all the issues related to Non Co-operation Registration decisions are designated to the District Deputy Registrar [DDR] to register a society under noncooperation of Builder.
Of course in such a situation do not expect the Builder to be happy and co-operative, since he is losing the ground legally and practically as well.
The flat owners are supposed to hold a meeting and elect Chief Promoter. All power for Registrations, documentation etc. should be given to the CP. The
resolution has to be passed unanimously by all flat owners who wish to become member of the Co-operative Housing Society. To tackle the legal issues an
Advocate of repute has to be appointed to comply with legal requirements.
Usually with the following initial documents a CHS under Non-cooperation of Builder can be registered:
Name Reservation Application for the proposed CHS
Resolution duly passed by Flat owners electing the CP and other Promoter and giving them authority for doing certain acts on behalf of the
proposed society
Application form "A"
Information in Annexure " A " " B " " C "
Bye-Law of the Society
Details of Accounts Annexure " D "
Bank Balance Certificate in Original
Agreement of Flat
Title Clearance Certificate by an Advocate of repute
Approved Building Plan from Municipality
Lay Out Plan / Floor plans
Building Permission issued by local authorities
Completion Certificate and Occupation Certificate
Promoter's Guarantee in form " X " On appropriate Stamp paper - notarized
Guarantee in form " Y " On appropriate Stamp paper - notarized
Guarantee in form " Z " On appropriate Stamp paper & notarized
7/12 or City Survey Revenue Record of Land [not more than 1 month old
http://www.law-india.com/form/society_formation_non_coop_builder.php
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http://www.law-india.com/form/society_formation_non_coop_builder.php
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