Housing Society Problems & Solutions: Changing Name on Land Documents of the CSH; Inclusion of Activity Charges in Maintenance Bills
Shirish Shanbhag 15 February 2024
A property card issued by the local government in metropolitan areas serves as an official document identifying the real estate owner. It records pertinent details such as the proprietor's name, land acreage, survey number, plot number, district, taluka and village. Apart from establishing historical ownership, the property card aids in deterring unauthorised encroachments on the property.
 
On completion of the registration process for deemed conveyance and upon receipt of index-2, copies of relevant documents need to be submitted to various government entities. These include the city survey office, district collector's office and municipal corporation office. These submissions are necessary to facilitate changes in mutation entries in land revenue records and property tax bills. Following the fulfilment of required formalities, land ownership and structures are officially transferred to the cooperative housing society (CHS/Society).
 
This week, I will clarify and provide the process of changing the name on the property card, tax bill and other relevant documentation of a CHS. I will also provide clarification on the legality of including cultural or recreational activity charges in the maintenance bill.
 
Change of Name on Land Documents of Society
 
Question: We obtained our Society's conveyance deed and had it registered in July 2004. But, there was no city title survey (CTS) number mentioned in the conveyance deed and, hence, there was no clarity about the property's non-agricultural (NA) status. Therefore, at the time, it was assumed or considered to be agricultural land.
 
Now we have obtained the CTS number and found that the property card is in the name of the original landlord, who passed away before the execution of the conveyance deed. Still, his heir's name appears on the property card and the conveyance deed. 
 
When we approached the Kalyan-Dombivli Municipal Corporation (KDMC) through a professional to get the name changed on the property card, we were informed about a problem which restricted this process. In the property card (which is in the name of the deceased owner) it is clearly mentioned as NA land for residential purposes. In contrast, in the conveyance deed, it is stated as agricultural land. Hence, we cannot apply for a name change based on the existing conveyance deed (as we are unaware of the whereabouts of the legal heirs of the deceased landlord). The professional we had hired advised us to do the deemed conveyance again based on the current property card records. Can you please advise?
 
Answer: You should first approach the talathi office of your area and find out whether the NA tax on your Society's land has been paid. By accepting NA tax for your Society's land in the name of the existing owners, you will receive an NA tax order from the talathi office. Even if you have one old NA tax paid receipt, you can use the same to acquire an NA tax order from the talathi office. 
 
Using such an NA tax order number and date, you can then approach the concerned sub-divisional officer, whose address you will get from the talathi or tahasildar. Talathi will accept NA tax only if the land is made non-agricultural by the sub-divisional officer, who is one step above the tahasildar. This should then serve as sufficient proof that the land is non-agricultural.
 
When you apply at the talathi office and city survey office for a change of land documents, as I have explained below, if you have a copy of the NA tax paid receipt, they will not ask you to get a NA tax order.
 
Now, with a copy of the conveyance deed and its index-2, on the needful application form, you can apply at talathi office, to transfer 7/12 extract of the land and its mutation entry in form-6, in your Society's name.
 
After submission of this form with the necessary attachments, including the sub-registrar certified copy of your Society's conveyance deed and its index-2, after 15 days, there will be a hearing with the talathi, with your Society's secretary or chairman. About 15 days after the hearing, 7/12 extract and mutation entry in form-6 will be transferred in Society's name.
 
Simultaneously, you should apply at the city survey office to transfer the property card of the Society's land in the Society's name. You have to do this in a particular form available at city survey office, to which you have to attach sub-registrar certified copy of conveyance deed and its index-2 and other documents. About 15 days after submission of your form at the city survey office, there will be a hearing with the Society's secretary or chairman, and 10 days after such a hearing, the property card of the Society's land will be transferred in the Society's name.
 
After you get the property card of the Society's land in the Society's name, with its copy, you will apply for the Society's land map at the city survey office. The city survey office's surveyor will come to your Society to survey the Society's land, and 10 days after such a survey, your Society will get the land map with an outline of the Society's building shown over it.
 
With a copy of 7/12 extract and mutation entry in form-6, a copy of the property card and property map of your Society's land, conveyance deed and its index-2 certified copy, along with a particular form available with assistant assessor and collector of your municipality or zilha panchayat office, as the case may be, you will then apply to transfer the property tax bill in Society's name.
 
When you get all the necessary land records transferred at talathi office and city survey office, it is not necessary to get NA order when transferring property tax in Society's name at the municipality office, or the zilha parishad office.
 
Once the property tax bill is transferred in the Society's name, then with a copy, apply at the water supply department to transfer the water bill in the Society's name. With a copy of the property tax bill, you can also apply to the electricity supply provider to transfer the Society's common electricity bills in the Society's name. 
 
I have now given you the full and complete information on how various bills can be transferred to your Society's name.
 
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
 
Audit of Society's Accounts
 
Question: The chairman and the secretary of our Society gave the treasurer access to records pertaining to 2015 to get them audited by an auditor appointed by the member himself. The concerned office bearer engaged an advocate and incurred legal expenses, despite objections raised by three out of six committee members and without information or approval from a general body meeting. Please advise whether these actions are correct and how we can complain against the same.
 
Answer: For Society's accounting-related work, a government approved auditor should be appointed and not an advocate. Even appointing such an auditor should be done by passing his appointment in the general body (GB) meeting of the Society and after approval by 75% of the members of your Society.
 
As such, instead of a government-recognised auditor, your managing committee (MC) has appointed the wrong professional without approval from 75% of the members of the GB meeting.
 
Now I suggest that you make a complaint against the MC to the deputy registrar of cooperative societies under the bye-law no. 174(A)(xxii), who will ask the MC to pay the advocate's fees from their own pocket, as he was appointed without any reason and also without the approval of the GB of the Society.
 
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever. 
 
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)

 

Comments
essarkay1947
2 months ago
Regarding Property Card
In our Society's case conveyance deed is there and Index II also issued. But in the remarks column, it is stated that ****** , developerni parvangi nakarle. Hence the city survey office is not making the changes. My neighbouring society with similar remarks got it done upon paying some under the table amount
What is the solutuion for this?
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