Are all real estate projects required to register with MahaRERA? How can I verify whether a project is registered?
Shyamakant Bhavsar, Goregaon
As per the RERA Act, registration is not required where the area of plot proposed to be developed does not exceed 500 sq mt or the number of apartments proposed does not exceed eight, inclusive of all phases. Further, registration is not required for any renovation or repair or redevelopment that does not involve marketing, advertising or new allotment of any apartment, plot or building.
On MahaRERA website, under 'Registration' you will find the first option of 'Registered Projects' to verify the project details. Information relating to the promoters, projects done by the promoter in the past, number of flats, status of construction, number of flats sold, encumbrances, details of litigation, completion date, etc, can be viewed. The website also provides information about revoked projects.
The flat was transferred to the wife of the deceased member. The wife made a will in favour of one of her sons. The other two children have challenged the will. This son wants the society to admit him as a provisional member. Pending litigation, is it possible?
Prabhakar Sardesai, Mulund
A provisional member is temporarily admitted on the basis of nomination by a deceased member. The society should be governed by the provisions of the second proviso to Section 154B-13 of the MCS. The Act states that in case no person has been nominated, the society can admit such a person as provisional member to be the legal heir.
In your case it is not clear whether the nomination was on record. Will is a testamentary document and a probate is required to be obtained to give effect to the will. On receipt of the probate, the person mentioned therein is admitted as the legal heir. As the will is challenged by siblings, it may not be appropriate for the society to admit the son. The society should take on record the family dispute as per the final judgment of the high court, unless challenged by the losing party.
Alternatively, the society, with a written consent of the siblings, may admit all of them pending the final judgment.
I have filed a complaint with the managing committee. The response is not acceptable to me. I wish to take it further. Please advise.
Ramana Rao, Andheri
The general body is required to constitute an advisory complaints committee (ACC), which should comprise two members (other than those on the managing committee) appointed by the general body, out of which one should be the chairperson. One representative should be from the managing committee, another from the statutory auditor and one from the federation. In case you are aggrieved, you can refer your complaint to the ACC. You can escalate your complaint from registrar to the cooperative commissioner. In case the ACC is not constituted, you can file a complaint in accordance with Bye Law 174 with the appropriate authority.
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
