I am a member of co op housing society in Mumbai which has 3 buildings , far apart from each other with bungalows in between , no common compound, no common amenities, nothing in common as such. Each building has been managing it’s own affairs but now each building wants bifurcation of society & form it’s own society. But each building has less than 10 flats ,. Whereas for formation of a society minimum number of flats needed is 10. Can u pl. guide us & let us know the procedure as to how to go about it. I have also heard that Bandra has a no. of societies that have less than 10 flats !
I C Naik
Most important requirement is not less than 2/3 members must agree to bifurcation. Other details are as under but in brief.
1.As provided under Section 7 of the MCS Act 1960 the State Government has issued an order vide Circular No. SAGRUVO/1094/ Pra. Kra 277/14 C Cooperation and Textile Department, Mantralaya, Extension, Mumbai- 400 032 Dt. 10th March 1995 giving guide lines for registration of housing societies of less than 10 members. Main Condition is ” The plinth area of each flat in the proposed co-operative Housing Society should not be more than 700 sq. ft.
2.One more Circular also lays down conditions for Wing-wise housing societies namely “Government Circular No SAGRUYO-2001/PRA.KRA234/14 SA Mantralay Extension, Mumbai 400032. Dt 30th July 2004. “
3.The Registering Authority may be requested to take this in to account while approving the Scheme of Reorganization of housing society. [Under Section 17 of the MCS Act 1960 and Rule 16 of the MCR 1961 ].
The Circulars referrd to abve can be accessed on following URL.
https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Housing%20Manual%202012%20English.pdf
It’s s procedural matter involving a series of steps which are all laid down in the MCS Act 1960 and the MCR 1961. It may be quite difficult to carry this out without a professional help.