Mumbai Housing Society Queries: Can A Person Moving Out Of India Hold On To Owned Property?

Mumbai Housing Society Queries: Can A Person Moving Out Of India Hold On To Owned Property?

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.

FPJ News ServiceUpdated: Monday, September 25, 2023, 12:30 PM IST
article-image
Mumbai Housing Society Queries: Can A Person Moving Out Of India Hold On To Owned Property? | File Photo

Is it necessary to have at least five cooperative societies to form a federation of societies under the MCS Act?

Shivam Kumar Thakur, Bhandup

Yes. The MCS Act requires a minimum of five cooperative societies to form a federation. Chapter 10 of the Cooperative Housing Societies Manual provides for the requirements to form a housing federation registered and notified under the MCS Act. The state government may by notification in the official gazette notify any society as a housing federation for the areas specified in the notification. Every society may affiliate itself to a notified housing federation of the area wherein such society is located. Every society shall contribute to the education and training fund maintained by the notified housing federation at the rate decided by the government from time to time. This fund shall be utilised for arranging seminars on issues relating to housing societies, imparting training to the persons to be appointed as managers or special recovery officers and to the members and officers of the housing societies.

How many societies are required to undergo cluster redevelopment as per the DC Rule 33(9)?

Aniket Rathi, Kandivali

Development Control Rule 33(9) provides for reconstruction or redevelopment of cluster(s) of buildings under cluster development scheme (CDS) in the island city of Mumbai undertaken by (a) the MHADA or the MCGM either departmentally or through any suitable agency, or (b) MHADA/MCGM, jointly with landowners and/or co-op housing societies of tenants / occupiers of buildings and / or co-op. Housing society of hutment dwellers therein, or (c) land owners and / or co-op. Housing society of tenants / occupiers of buildings and / or co-op housing society of hutment dwellers, independently or through a promoter / developer.

The FSI shall be 4.00 or the FSI required for rehabilitation of existing tenants / occupiers plus incentive FSI, whichever is more as per the provisions of this regulation. CDS means any scheme for redevelopment of a cluster of buildings and structures over a minimum area of 4,000sqm in the island city of Mumbai and 6,000sqm in the Mumbai suburbs and extended suburbs.

I am planning to shift my mother to the US permanently. Can she hold the existing flat in her name even if she takes US citizenship?

Nidhi S B, Navi Mumbai

As per Section 6(5) of the Foreign Exchange Management Act (FEMA), a person resident outside India may hold, own, transfer or invest in Indian currency, security or any immovable property situated in India if such currency, security or property was acquired, held or owned by such a person when he was resident in India or inherited from a person who was resident in India. Since your mother was a citizen of India at the time of acquiring or inheriting the said flat she can continue to hold it in her name even if she takes US citizenship. She will be taxed for any income from house property and any other income from investments, bank interest etc. As per the Indian tax laws. India and the US have signed double tax avoidance treaty. As such the amount of tax paid in India will be adjusted against the tax payable in the US. Please consult a tax expert in this regard.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com

RECENT STORIES

Mumbai: After SBI Service Manager's Arrest, Another Person Held For Stealing Gold Jewellery From...

Mumbai: After SBI Service Manager's Arrest, Another Person Held For Stealing Gold Jewellery From...

Mumbai: Chembur-based Family Loses ₹25.5 Lakhs To Broker Who Fraudulently Promised Them Plot In...

Mumbai: Chembur-based Family Loses ₹25.5 Lakhs To Broker Who Fraudulently Promised Them Plot In...

Mumbai News: BJP MLC Prasad Lad Claims Of Receiving Death Threats Via Phone Call, Non-Cognizable...

Mumbai News: BJP MLC Prasad Lad Claims Of Receiving Death Threats Via Phone Call, Non-Cognizable...

MahaRERA Extends Project’s Deadline Without Prejudice To Homebuyer’s Rights

MahaRERA Extends Project’s Deadline Without Prejudice To Homebuyer’s Rights

Housing Society Queries: Society's Permission Not Needed To Give Your House On Rent

Housing Society Queries: Society's Permission Not Needed To Give Your House On Rent