Re: Clarifications regarding Khata Process

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Ganesh Narasimhan

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May 21, 2017, 1:35:03 AM5/21/17
to Chanchal K S, smondo2-...@googlegroups.com, Patel-Neotown-Smondo2
Association never intervened to collect dues for builder on behalf of owners,  and now Association is coming forward to collect dues on behalf of owners for Khatha.
The primary role of association should be for day to day welfare and maintenance of residents.  Let this get done first before the association puts efforts on other activities like Khata.
What will association do to protect residents (tenants included) against disconnection of amenities by builder.

I suggest rather than make payments of the development fees into association account ,  the association may collect individual DD's  from owners made out in the name of Gram Panchayat,  set a deadline for the total collection and hand over all the DD's  to the Gram Panchayat at one shot.

Tomorrow for any reason whatsoever,  if there is a legal issue questioning whether or not payment of Development Charges has been made out to Gram Panchayat,,  the owners will have no proof to show that such payments have indeed been made.  

Moreover,  there is potential conflict of interest if the association accumulates such large sums of money from owners for purpose of  Khata Formation.  Better collect individual DD's  in favour of Gram Panchayat

Role of association is for maintenance of the society and it is better that issues related to any document pertaining to ownership rights be left between builder and individual owners.
Association can facilitate this but should not collect funds into any account separate or otherwise for this purpose.

Thirdly,  Association has no right to use corpus funds collected to fund for the purpose of Khata .........what does the charter byelaws say about the use of corpus funds.

Finally,  Association has no right to levy fines on people who do not pay on time dues for khata formation,  which relates to ownership.  The role of assocication and its scope of activities is post ownership  ........... they can only facilitate the khata process

Ganesh
A0401



On Sat, May 20, 2017 at 9:41 AM, Chanchal K S <ks.ch...@gmail.com> wrote:
Hello Owner,

We have received feedback that the initial circular which we had sent out on the process of e-Khata was not clear enough. Hence we are bringing about this additional circular to highlight some of the queries and mis-understanding that came to our notice

  1. The Process of obtaining the Khata would have the following steps
    1. Payment of a single DD in the favor of Gram Panchayat for the total development charges due
    2. Post receipt of Development charges, The Gram Panchayat would bifurcate the Khata to individual flats
    3. Post bifurcation on submission of individual documents along with requested DD and service charge from individual owners Gram Panchayat would transfer the Khata to the individual.
  2. This is how the association plans to implement this process.
    1. S2AOA will collect development charges from individual owners. This needs to be paid immediately. We are collecting the same in a separate Savings account ()
    2. All owners who have paid development charges and cleared all their maintenance dues will receive an NOC from the association. (NOC will part of the individual documents needed for transferring khata to the owner’s name)
    3. Once we have sufficient number of owners paying the development fees S2AOA will fund the deficit from the corpus and bill it back to the owners who have not paid development charges along with a fine for now paying in time.
    4. S2AOA will pay the development charges through a single DD to Gram Panchayat
    5. Post this payment Gram Panchayat will perform the bifurcation of Khata
    6. After bifurcation we will be setting dates within which the owners need to submit their individual documents along with Demand Draft and Service charge to get the khata transferred to their names. 
    7. We will try to host this last step in Smondo 2 premises with the Gram Panchayat folks coming down to the property to facilitate the same.

Hence to re-iterate. This is the sequence of actions we expect from individual owners
  1. Owners pay the development fees to the account shared by the association
  2. Owners fill up the google form shared
  3. Owners prepare all their individual documents along with DD for the date announced by the association
  4. Owners submit their documents along with DD during the dates mentioned by association to get the Khata transferred to their names.

Thank you
Regards
S2AOA

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