Making up rules in time of COVID-19 DraftCraft10:24By Gajanan Khergamker The lockdown relaxations have led to a surge of residents returning to Pune back to their homes from other cities and ...Read More
Managing Committees Can't Create, Break Law In COVID Times DraftCraft15:30 By Gajanan Khergamker Cooperative Housing Societies across India are bound by the law of the state in which they are located. In particul...Read More
CHS bye-laws do not have force of law DraftCraft11:17 By Gajanan Khergamker Under the Maharashtra Cooperative Societies Rules 1961, a Registrar may direct a society to make bye-laws in respec...Read More
Illegal for Secretary, Manager to ‘cut off’ essential supplies DraftCraft11:16 By Gajanan Khergamker One hears about it happening all the time. However, the law on the issue of cutting out essential supplies is clear...Read More
Verify title before investing in property DraftCraft11:16 By Gajanan Khergamker Before investing in property, it is advisable to appoint a legal consultant to inspect the original title documents...Read More
Documents needed to effect transfer of flat DraftCraft19:53 By Gajanan Khergamker In these cases, it is preferable to draft a will stating one's wishes and registering it. In these cases, eithe...Read More
Leave and license agreement must be in writing DraftCraft20:18 By Gajanan Khergamker According to legal terminology, the term Leave and License is considered as a right to do or continue to do in or u...Read More
Defective construction and liabilities DraftCraft20:23 By Gajanan Khergamker At the time of taking possession of a building, it just isn’t practical to detect the latent defects in the constru...Read More
Valuating, transferring shares as per MCS Rules DraftCraft19:49 By Gajanan Khergamker The procedure to valuate a share is laid down in Maharashtra Cooperative Society Rule 23, according to which: (1)...Read More
‘Interested’ non-member can move court for intervention DraftCraft20:23 By Gajanan Khergamker For a dispute in the Cooperative Court being of a civil nature, any aggrieved party though not a party to the suit ...Read More
Society member has every right to inspect books of accounts DraftCraft19:56 By Gajanan Khergamker Every member of a cooperative housing society shall be entitled to inspect at no cost too, at the cooperative housi...Read More
Ensure a document check before buying property DraftCraft20:18 By Gajanan Khergamker The formalities that accompany the purchase of a flat are innumerable and need to be scrutinized thoroughly lest yo...Read More
‘Occupation’ is not synonymous with ‘possession’ DraftCraft10:30 By Gajanan Khergamker Possession is a substantive right or interest that exists and has legal interest and advantages apart from the true...Read More
Service charges must be levied equally DraftCraft20:00 By Gajanan Khergamker As per Model Bye-law No 65, Service Charges includes: (1) Salaries of the office staff, liftmen, watchmen, mails ...Read More
Mortgage by deposit of Title Deeds DraftCraft20:18 By Gajanan Khergamker It is an established rule of equity that the deposit of a document of title without more, without writing or withou...Read More
CHS members must be aware of legal rights DraftCraft20:03 By Gajanan Khergamker Members of any cooperative housing society need to behave in a responsible fashion to co-habit peacefully and amiab...Read More
Registrar may direct CHS to make bye-laws DraftCraft20:05 By Gajanan Khergamker There are times when the Registrar may direct the society to make bye-laws in respect of certain matters. The Mahar...Read More
Check Development Agreement for mischief, loopholes DraftCraft12:59 By Gajanan Khergamker A cooperative housing society should enter into an agreement with the developer, as finalised, but only in accordan...Read More
Registrar can depute ‘flying squad’ to examine accounts DraftCraft20:11 By Gajanan Khergamker Every cooperative housing society should have their books of accounts audited at least once every cooperative year....Read More
Title in the property of a widow on remarriage DraftCraft20:12 By Gajanan Khergamker It was to remove all legal hindrances to the remarriage of Hindu widows that the Hindu Widows’ Remarriage Act, 1856...Read More