Plain-language explanations of common terms — general information only, not legal advice for your specific matter. Last reviewed: 16 October 2026.
Deemed conveyance is a legal mechanism under the Maharashtra Ownership Flats Act (MOFA), 1963 that allows a Co-operative Housing Society to obtain title to its land and building from the promoter/developer through the Competent Authority, in cases where the promoter has failed or refused to execute a conveyance voluntarily.
Section 11 of MOFA sets out the promoter's obligation to convey title to the Society within the prescribed period, and is the provision under which deemed conveyance applications are filed when that obligation is not met.
In self-redevelopment, the Society itself acts as the developer, engaging a PMC, architect, contractor and bank financing directly. In builder-led redevelopment, the Society appoints an external developer, selected typically through a tender process, who executes the project and shares outcomes (additional area, corpus, rent) with the Society as agreed.
The corpus fund is a lump-sum amount paid by the developer (or set aside in self-redevelopment) to the Society or its members, typically at specified milestones, as consideration for the redevelopment and the temporary disruption it involves.
Section 79A of the Maharashtra Co-operative Societies Act, 1960 empowers the State Government to issue binding directives to Societies, including on the process a Society must follow when inviting and evaluating redevelopment tenders. Since the MCS (Amendment) Rules, 2026, the General Body's power to act on such directives is expressly recorded in Rule 106C-13(3)(b), and the redevelopment meeting itself carries additional, specific safeguards codified in Rule 106C-13(3)(i)–(j) — see the next section below.
MahaRERA is the regulatory authority under the Maharashtra Real Estate (Regulation and Development) Act, 2016. A redevelopment project ordinarily requires MahaRERA registration once it meets the Act's threshold criteria (built-up area and unit count), and registration brings obligations on project disclosures, escrow of funds, and timelines.
A Society or its members may approach MahaRERA with a complaint, and in appropriate cases pursue a recovery application under Section 40 of the Act for enforcement of a MahaRERA order.
An Annual General Meeting (AGM) is the Society's yearly statutory meeting, held under Section 75 of the Act, for matters such as adopting accounts and appointing an auditor. A Special General Body Meeting (SGM), sometimes called a General Body Meeting (GBM) called for a specific purpose, is convened outside the AGM cycle under Section 76 of the Act to approve a specific resolution. For redevelopment matters, the GR of 30 September 2026 requires at least 14 days' notice.
Under Rule 106C-13(3)(e) of the MCS Rules, 1961 (as inserted by the 2026 Amendment), the quorum for an AGM or an ordinary SGM is two-thirds of the total members of the Society, or twenty members, whichever is less.
Under Rule 106C-13(3)(f), a meeting convened on members' requisition is dissolved if quorum is not present within thirty minutes of the appointed time. Any other meeting is instead adjourned — either to a later hour the same day, or to a date seven to thirty days later — and the adjourned meeting then proceeds on the original agenda regardless of quorum.
Under Rule 106C-13(3)(g), an ordinary resolution at the AGM requires a majority vote of 51% of the total members present, including those attending via video conferencing.
Yes. Rule 106C-13(3), proviso, permits members to participate either in person or through video conferencing or other audio-visual means arranged by the Society, provided the Society can record, recognise and store the proceedings along with date and time.
Redevelopment SGMs carry stronger safeguards than an ordinary SGM, under Rule 106C-13(3)(i)–(j):
Under Rule 106C-13(2), the Managing Committee executes General Body decisions, prepares the annual budget, maintains financial records, and may appoint professionals such as architects and contractors — but only with General Body approval. The General Body remains the supreme decision-making authority under Rule 106C-13(3)(a), so major redevelopment decisions, particularly developer/PMC appointment and the Development Agreement, require its approval, not the Committee's alone.
Under Rule 106C-13(4), the Secretary invites nominations from members by a seven-day notice on the Society's notice board; valid nominations are scrutinised and placed before the Committee, which fills the seat by majority vote if nominations exceed vacancies. The co-opted member's term ends with the Committee's own term.
Under Rule 106C-13(5)(b), the Committee may approve one-time repair/maintenance expenditure per financial year up to: Rs. 1,00,000 (up to 25 members), Rs. 2,00,000 (26–50 members), Rs. 3,00,000 (51–100 members), Rs. 4,00,000 (101–1000 members), or Rs. 5,00,000 (1001+ members).
Rule 8(1) of the MCS Rules, 1961 was amended in 2026 to formally recognise Joint and Provisional members alongside Nominal and Associate members. A Joint Member co-holds shares and the flat alongside the primary member, with rights as recorded in the share certificate and bye-laws. A Provisional Member is a temporary status for a nominee or legal heir after a member's death (Rule 106C-6), pending formal transfer, and carries no ownership rights.
Under Rule 106C-5, an eligible relative of a member (spouse, parent, child, sibling, son-in-law/daughter-in-law, nephew or niece) may apply in Form Y-5A, with the member's written consent, to vote or contest committee elections on the member's behalf. The Associate Member's name does not appear on the share certificate, and the status ends automatically on the original member's death, cancellation request, resignation, or the Associate Member's own death.
Rule 106C-6 provides two routes: (i) Provisional Membership — the nominee or legal heir applies in Form Y-4 with an indemnity bond, with a public notice in two local newspapers inviting other claimants if there was no nomination; or (ii) Family Arrangement — legal heirs execute a registered Deed of Family Arrangement and apply in Form Y-5, with a public notice inviting objections, after which the Committee may transfer shares directly without a provisional stage.
Floor Space Index (FSI) is the ratio of permissible built-up area to plot area under applicable development control regulations. Transfer of Development Rights (TDR) is additional development potential, generated elsewhere, that can be loaded onto a plot subject to regulatory limits. Both determine how much a Society's plot can be redeveloped to.
A PAAA is the individual agreement executed between the developer and each member, recording the specific flat/unit the member will receive after redevelopment, its area, and other commercially agreed terms such as rent during construction. It sits alongside the Society-level Development Agreement.
The Development Agreement is the primary contract between the Society and the developer, setting out scope, timelines, corpus, rent, additional area and other commercial terms. Registration with the Sub-Registrar gives it legal enforceability and public record status, and members should have it reviewed before the General Body approves it.
A Commencement Certificate is the municipal authority's permission to begin construction as per the sanctioned plan. An Occupation Certificate (or Completion Certificate) is issued after construction is completed in accordance with that plan, certifying the building is fit for occupation. A Society should not move in, or release final dues, before the OC is in hand.
Commonly requested documents include the share certificate, the original agreement for sale/allotment letter, proof of identity and address, and any prior correspondence regarding the flat. The exact list can vary by Society and project — your Managing Committee or PMC will circulate the specific requirement.
A structural audit is a technical assessment of a building's structural condition, typically carried out by a licensed structural engineer. It is commonly required to establish redevelopment eligibility, to support a self-redevelopment or builder-led proposal, and periodically for ageing buildings under municipal safety regulations.
A Society should hold elections and constitute a validly elected Managing Committee as required under the Maharashtra Co-operative Societies Act, 1960 and its bye-laws. Major redevelopment decisions taken by a Committee whose term has lapsed can be open to challenge, so this should be regularised promptly.
Options typically include invoking the remedies specified in the Development Agreement (such as penalty clauses or termination rights), pursuing a complaint or recovery application before MahaRERA if the project is registered, and taking legal advice on termination and re-tendering if the delay is prolonged and unresolved.
The architect designs the building and prepares statutory plan-sanction drawings. The legal consultant drafts and vets agreements and represents the Society in proceedings. The PMC (Project Management Consultant) coordinates the overall project — timelines, budgets, approvals and the various consultants and contractors — so the Society deals with one accountable point of contact rather than managing each separately.
This depends on the nature and structure of the payment and current income tax provisions, and is a matter for a chartered accountant to advise on for your specific case — this page does not provide tax advice.
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