(i) Registration of agreement for sale/documents of ownership flats when ownership flats are purchased from builders, one should register such agreements with the Sub-Registrar.
(ii) In case of resale of flats in a society which is not registered, the registration would be required.
(iii) In case of resale of flats in a registered Co-operative Society no registration is compulsory as per section 41 of the Maharashtra Co-operative Societies Act, 1960. However, some societies do insist that such documents be registered.
(iv) It does not really matter whether conveyance has been granted to the society or not since it is only a change of membership which takes place in a society. Thus the answer to © above is relevant even where no conveyance has been granted in favour of a society.
(v) The Registrar of Co-operative Societies has issued some time back a circular to societies whereby he has stated that all documents for transfer of flats be registered. However, under section 41 of the Maharashtra Co-operative Societies Act registration is not compulsory in case of sale of flats in societies but in view of the aforesaid circular some societies do insist on registration. (vi) The Bombay High Court has held that transfer of shares in a co-operative society is in fact transfer of immovable property for the purpose of stamp duty. However, section 41 of the Maharashtra Co-operative Societies Act is still valid and two issues involved here are different. Section 41 deals specifically with regard to the registration issue as stated above.Book Appointment