Documents required for Redevelopment of Housing Society

Documents required From:

By Members

Stage 1-Now

1.?????? Lease Rent payment clearance up to date for each & every flat in the Building (If the Building is on a Lease hold Land)

2.?????? No dues certificate from MHADA or similar Lessor in respect to all past maintenance (until it was handed over to the Society)

3.?????? List of chain of documents (Sale Deed in case of Purchase or Succession Certificate in case of transmission) & MHADA’s NOC for each of these transfers. All property documents in the chain have to be registered with applicable stamp duty paid. Any flat with deficiency has to pay stamp duty & delayed payment penalty (Currently Amnesty Scheme is operational and valid until 31st March, 2024 and after that Penalty is 8 times of Stamp Duty). Builder will also require Share Certificate of each member as ownership title

4.?????? Property tax assessment bill (BMC) and up to date as regards payment by each member of the Society. If CHS is liable to pay BMC Tax, CHS has to be up to date for payment of BMC Tax. (Latest Municipal Tax Receipt)

5.?????? Copy of MHADA’s allotment letter, when 1st owner had been allotted the Flat indicating area in Built up Sq. Ft. This should match with approved Plan including “use” like Shop

Stage 2-Requring Time (1 years)

Succession Certificate or Probate: Even though MHADA would have given NOC in the past as regards transfer on death of member, they are insisting on “Succession Certificate” in respect of Nominee who became “Owner” even if Nominee’s name appears in Share Certificate with CHS’s approval. Probate or Succession Certificate takes long and it has cost implications. MHADA is also particular about Succession Certificate (Probate in case of Will) to ascertain title of current “owner” with whom Builder/Developer would deal with. If there are issues as regards Title of the current owner, member has to sort this out on his own, which requires time, efforts documents & costs.

Stage 3-When we identify the Builder/Developer (1-2 years)

1.?????? Share Certificate

2.?????? Property Title Documents: Sale Deed, Allotment Letter, Agreement to sale (Regd.) evidencing ownership of the Flat including all chain documents, duly stamped and registered.

3.?????? Documents of Owner/s (Member/s): PAN Card, Aadhar Card, Election Card. Ensure that Name appearing in Property Document is similar to what is appearing in these documents.

4.?????? Consent letters from the members to the society for agreeing to redevelopment

5.?????? Flat Mortgage details if any with Documents.

6.?????? 2 Nos. Passport size Photographs of Owner/s (Member/s)

7.?????? Ration Card Copy of Member

8.?????? Electricity Bill of Member

9.?????? Registered Power of Attorney of Owner/s in favour of their local relative in case of NRI Member

10.?? Bank Details for transfer of Funds from Builder/Developer

Note: Copies of documents required, self-certified with Original available for verification

By Society

1.?????? Conveyance Deed: Society needs to obtain conveyance in the name of the society, if builder/land owner not willing to provide conveyance, follow the?deemed conveyance?route

2.?????? Property Card (PR Card): Property card should reflect the ownership in society name, if it doesn’t reflect even after obtaining conveyance please visit your city survey office of your ward and get it corrected

3.?????? Obtain Fresh Property Card (PR Card): Get the latest PR card duly certified from your city survey officer with plot area in figures and words. Note: PR Card is valid only for a year Property Card Offices in Mumbai:?https://www.e-stampdutyreadyreckoner.com/property-card-offices-msd.php

4.?????? ?City Survey Plan: Obtain the latest City Survey Plan of the property from your City Survey Office

5.?????? Lease Deed & Renewal of Lease: In case your lease if over or to get over soon when the plot is lease hold, get the lease renewed

6.?????? Society Registration Certificate

7.?????? 7/12 Extract

8.?????? Form No. 6 from Revenue Office

9.?????? Search Report & Title Certificate

10.?? Index II

11.?? N.A. Order

12.?? City Survey Plan

13.?? OC (Occupancy Certificate)

14.?? CC (Completion Certificate)

Documents (Copies) Required from Members

a)????? Stamp Duty paid proof of all members

b)????? Registration charges paid proof

c)?????? Share Certificate

d)????? Sale Deed, Allotment Letter, Agreement to sale (Regd.) evidencing ownership of Flat)

Technical Documents required for?redevelopment of society:

1.?????? OLD BMC plan of existing building: Check your society records if you have the old BMC and IODCC of your existing structure which your developer would have submitted at the time of construction. This will help you ascertain the carpet area of your existing members If your society doesn’t have the document’s visit your BMC office ask them to search through the records

2.?????? Physical Survey of plot and flats: If there is dispute in terms of carpet area and plot size , please get the plot surveyed and flat measured through a licensed surveyor

3.?????? DP Remarks: Obtain the fresh DP remarks of your plot from your local BMC

4.?????? Structural Audit: Obtain a fresh structural report of your existing structure to ascertain the durability and longevity and carry out the required repairs and restorations as suggested by your structural consultants

Documents (copies) of Developer/Builder required

a)????? MCA or Registrar of Firm’s Certificate

b)????? PAN Card

c)?????? Last 3 year’s Income Tax Assessment orders along with copy of orders from CIT (Appeals), ITAT

d)????? Last 3 years GST annual Return along with assessment order.

e)????? Certificate from Company’s Auditor about pending tax dues & pending litigation and quantification of tax liability in respect of pending litigations

f)?????? Profile of Company

g)????? Name and address of all partners / directors along with their PAN

h)????? Last 3 years Audited Accounts along with annual report of entire group and all ?partners / directors of the company & Group

Documents during process of redevelopment

1.?????? Feasibility report

2.?????? MOU between Developer & Society (draft duly approved at AGM with authority given to select members of the Committee to execute this)

3.?????? Indemnity from Committee members that they would not seek & get any extra benefits from the Developer and its confirmation from the Developer

4.?????? Development Agreement

5.?????? Indemnity Bond and Bank Guarantee from the Developer

6.?????? Suggestions from members.

7.?????? Public notice for inviting the tender.

8.?????? Minutes of various meetings.

9.?????? Correspondence with different authorities.

10.?? Obtaining permission from deputy registrar.

11.?? Tender form.

12.?? Summary of tenders received.

13.?? Approval of tenders in the general body meetings and preparation of draft and final minutes.

14.?? Appointment letters to advocate, structural engineers, architect, project management consultant etc.

Agreements & letters required during redevelopment

1.?????? Redevelopment agreement

2.?????? Format of bank guarantee from the builder

3.?????? Power of authority from the society to the developer

4.?????? Agreement for alternate accommodation

5.?????? MOU between the society and builder / developer

6.?????? Appointment letter from the society to the builder / developer

7.?????? Revocation / cancellation of power of attorney

8.?????? Other duties associated with advocate

9.?????? Possession letter from the builder to the members

10.?? Format of the resolution to admit new members

11.?? List of documents required being collected from the builder

12.?? Indemnity bond by the developer

13.?? Consent letters from the members to the society

Documents Required at Various Occasions for Redevelopment of Housing Societies

1.?????? Society Registration Certificate?

2.?????? Original Building Plan ?

3.?????? Conveyance Deed / Lease Deed / Sale Deed ?

4.?????? Copy of Resolution

5.?????? Documents / Deeds / Agreements etc. whatsoever in nature related to Society’s plot

6.?????? Property Card ?

7.?????? D. P. Remark

8.?????? Extract of 6/12, 7/12 ?

9.?????? Search report and Title certificate

10.?? Index II ?

11.?? N. A. Order

12.?? City Survey Plan

B. SOCIETY DETAILS

1.?????? Plot No:

2.?????? Flat Categories with Carpet Area:

3.?????? Ward No:

4.?????? Hissa No:

5.?????? Plot Area:

6.?????? Survey No:

7.?????? CTS No:

8.?????? Conveyance in favour of Society:

9.?????? Date of Conveyance

10.?? Indenture of Conveyance Date:

11.?? Lodge for Registration under Serial No:

12.?? Useable Area:

13.?? Structure Details:

14.?? Flat Categories with Carpet Area:

15.?? 2 Nos. Witness and there Photo ID proof and 2 Nos.

16.?? Passport size Photograph of each witness

17.?? 2 Nos. Passport size Photograph of all Signing Authorities

18.?? Photo ID Proof of all Signing Authorities

19.?? Society Rubber Stamp

20.?? Left Thumb Impression of all Signing Authorities

21.?? Pay Order in Favour of..................for stamp duty (Adjudicate Agreement)

22.?? Pay Order in Favour of..................for stamp duty (Non Adjudicate Agreement

23.?? Pay order in favour of..................for Registration

D. CHECKLIST FOR REGISTRATION OF POWER OF AUTHORITY

1.?????? Final Draft of Power of Attorney

2.?????? CTS Plan Copy

3.?????? Property Card Copy

4.?????? 2 Nos. Witness and their Photo ID proof and 2 Nos

5.?????? Passport size Photograph of each Witness

6.?????? Copy of Occupation Certificate of Old Society

7.?????? Copy of Assessment Bill (Old) of Society

8.?????? Ration Card Copy of Member

9.?????? Electricity Bill of Member

10.?? Society Registration Certificate

11.?? INDEX - II of Redevelopment Agreement

12.?? Floor Plan of Member

13.?? IOD CC Copy

14.?? Election Card, Pan Card Copy of Member

15.?? 2 Passport Size Photographs

??CA Harshad Shah, Mumbai [email protected]