Maharashtra modifies Sale and Transfer Rules, to handle derangement in cooperative societies on Govt land

mumbai news

By Accommodation Times Bureau

The cooperative housing societies in Mumbai , situated on leased out government land, will now have to follow the new modified norms, regarding transfer and sale of flats as by modifying the norms the Maharashtra government is seeking regularization in unauthorized transactions.

The new norms will be enforceable in the entire state, but highly potential sources in the government has revealed that ,the maximum benefits of the norms will be derived from the high-profile housing societies, belonging to serving and retired bureaucrats, police officers, and judicial officials in the south Mumbai .

Noticeable is the fact that the move comes at a time when the Mumbai collector’s office has issued notices to few such high-profile societies, for these kinds of illegal transfers.

The state’s revenue department, under whom the collector functions, however, brought out a government resolution on July 7, which now recognizes such transfers. Senior officials confirmed that these orders had been issued following approval from Revenue Minister Chandrakant Patil and Chief Minister Devendra Fadnavis.

Transfer, sale or gift of flats in government vested societies is prohibited, without the government’s permission. The societies only allotted such land on lease or occupancy on the ‘rights’ basis, a prior permission from the district collector’s office for memberships in such societies is mandatory . But in so many cases these rules are getting violated.

Defending the department’s resolution, (which has been signed by) Deputy Secretary Rajendra Kshirsagar has stated, “In several cases, it was found that the societies have violated terms of allotment by permitting such transfers and admitted new members without government’s prior permission.”

Referencing an instance, a government source mentions , “While allotting a piece of land to a society comprising senior bureaucrats in south Mumbai, the government had imposed a condition that all society members should either be government servants or members of the judiciary. On a recent site inspection, we found that some flats have been resold or transferred in the name of private sector employees too.”

The source, who did not wish to be named, said, “The removal of the curb was also necessary as in some cases it was found that some past Collectors had overlooked this condition, while approving transfer of memberships in the society.”

The transfer fees and the penalties have been, however, hiked for all such beneficiaries. In a bid to mop up additional revenues, the government has linked the fees for transfer of memberships to the market values. For example, transfer of membership within five years of formation of such societies in Mumbai (island city) will be charged Rs 1,000 per square feet or 3 percent of the ready reckoner rates prevalent in the area — whichever is higher. A respective lower slab has been arrived at for transfers after 10 and 15 years of formation.

The government has also recognized unauthorized transfer of rights for commercial houses existing in such societies. Under government rules, about 15 percent of the built-up space in such societies is commercially exploited.

In the case of transfers or sale of apartments post five years of society formation, an amount equal to two times of the transfer fee would be payable. If the transaction has taken place within the first five years, the penalty amount would go up three times.

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