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Query By (Faiyaz Sarawalla), Date (26 Jul 2017 16:16:57)
Transfer of Flat
What are the rules for transfering a flat when the flat is in Joint name (Husband & Wife) and the first name member (Husband) expires and the wife ahs applied for getting the flat transfered in her name
There are two issues. Issue Number 1 : Transfer of membership rights. The membership rights get transferred, if the husband has made any nomination.The nominee need to be made the member. If not, the Society may invite application from the legal heirs/ other claimants of the deceased person through news paper publication of Notice. Issue Number 2 : Property rights . The property right of the deceased member will go to the legal heirs. The legal heir may be decided by will, if there is any [ which needs to be probated. ] or through a succession certificate issued by the High Court. If the M C is convinced of the position of the legal heir, for ex. wife of the deceased, the M C may bypass such a procedure of establighing the legal heir through court. However, the M C has to be absolutely clear , and if there be any claimant at a later date, they may face personal legal actions.
Query By (Vijay Bhandari), Date (22 May 2017 18:50:19)
Receipts for Sums Paid
Is a co-operative society legally obliged to issue official receipts signed by the Hon. Secretary for all amounts collected by the Co-op. Society for Major Building Repairs. Can an individual member add this towards enhancement of the cost of his flat?
Yes . Society is legally obliged to issue official receipt signed by any authorised person for all the amounts received and collected by the society, including the amounts collected towards major repairs. Regarding the options available to the individual member to treat this as cost of the flat, the member may be advised to approach his Tax consultant.
Query By (LAIRD FRANKLIN), Date (19 Feb 2017 17:00:50)
Repair & maintenance
With regards to expenses for repairs and maintenance, does the one time expense limit of 50000 (40 members in a society) mean one job one invoice? or is it a collective expense of 50k in a financial year? The byelaw 157a state it to be a one time expense...Please advise...tks in advance
Regrets for delay. The limit is one time expense.
Query By (LAIRD FRANKLIN), Date (09 Sep 2016 06:15:39)
As per the byelaws, the stipulated date for conducting the AGM is 30th Sept. What is the provision should one need to extend the date? The reason being, our treasurer was recently hospitalized and the account balance sheet and audit report is yet to be received. Furthermore, is it necessary to furnish this balance sheet of accts. to all members along with the hand delivered notice for the AGM?
The Society needs to hold the agm on or before 30th of September 2016. There is no provision for seeking extention of the period. The lapse will have serious implications for the office bearers inlcuding penalty, declaring them as ineligible to hold the office and declaring them no eligible to contest the election to be held next. The provisional balance sheet should be ready by 15th of May every year and the audit must be completed by 31st of Jul every year. NO amount of reasoning will be a valid reason for violation of these provisions. The audited statement of accounts need be provided to the members along with the notice to the AGM. The responsility of meeting the legal requirements does not stop at the level of the Treasurer or the Secretary . Entire committee is responsible.
Query By (Rajkumar Makharia), Date (16 Aug 2016 13:21:35)
There are associate member ( and there name is in agreement) . On demise of member flat should be transfered to : 1. if nomination is registered than in name of nominee and associate member will remain as associate member . 2. in case nomination is not registered than first associate member name given in share certificate and all other will remain as associate member . Please correct me if my above understanding is to be modified
1. If the nomination is registered to the name of the nominee and the name of the associate member will remain as associate member. 2. If there is no nomination, the legal heirs of the member have to make a claim on membership. For this purpose, the society may invite applications from the legal heirs to make their claims of membership. The society may decide as per the response. The second name rights, having property rights will not get altered, and accordingly, the second name will continue as the 2nd name. Please note that the only rights of membership are transferred through the above method and not the right on the property. The nominees will hold the property and membership rights as a trustee for the legal heir. The legal heir may be decided by refering to the will [ needs to be probated ], succession certificate etc.
Query By (Rajkumar Makharia), Date (16 Aug 2016 13:10:17)
Nomination is compulsory for the Member , what action could be taken against Member if he/she is not responding to the reminders given by society via notices and email.
NOmination is a facility provided 0under the MCS Act for the society to deal with the person in case the member expires. This is not mandatory, but only , optional . Hence, the M C can not take any action against any member who has not filed the nomination form.
Query By (Rucheer Kapadia), Date (18 Jun 2016 13:36:05)
Sir, I have just recently purchased a flat in Walchand Terraces Coop Hsg Society, Pandit Madan Mohan Malivya Marg, 79/81 Tardeo Rd, Mumbai 34. This is a Open Plot Society. The Sale Deed has been duly stamped and registered and the society had also given the NOC for the same. Now, when I applied for the membership to the society, the committee members have taken an objection to one sentence in the sale deed which is highlighted in yellow, below ? ??.?The Vendor hereby agrees to sell and transfer to the Purchasers, and the Purchasers hereby agree to purchase and acquire from the Vendor, all that the Vendor?s share, right, title and interest in 5 fully paid up shares of Rs 250/ bearing nos 26 to 30 (both incl) (shares) issued vide share certificate no 6 by The Walchand Co-operative Housing Society Ltd (Society) pertaining to the Ownership flat admeasuring approximately 1380 sq feet + 100 sq feet Balcony, (carpet area) bearing no 6, on the 1 st floor in Wing ?C?, in the building known as ?Walchand Terraces? situate at Pandit Madan Mohan Malvia Marg, 79/81, Tardeo Road, Mumbai-400034 togather with the right to use one open car parking space in the compound of the said Building and more particularly described in the Schedule hereunder written and hereinafter collectively referred to as the said ?Flat?,???.? They committee members were insisting on us amending the above registered sale deed by deleting the ?highlighted? sentence and the same sentence which is also incorporated in Shedule 9 of the sale deed. Upon further arguments and requests with them, they are now asking us to provide an affidavit on a Rs 200 stamp paper, which is attached herewith along with the society parking policy. With respect to the above, I have the following queries: 1. Can the society refuse to give us membership on the basis of the above sentence in the sale deed, when we are agreeable to abiding by the bye laws and parking policy of the building. My Solicitor has told me that it is mandatory for any society to give 1 parking space for any flat , if parking space is available. By signing the proposed affidavit, I shall be waiving my right to 1 parking space. 2. Can the society refuse to give us membership on the above grounds and can we move into the flat if they don?t give us membership and what is the timeline within which we can do this. 3. Can we start renovation (without any structural changes) without taking the permission of the society and what is the timeline without which we can do this. 4. Does the society have a right to make me change my sale deed which is already stamped and registered ? thanks and rgds rucheer kapadia
By the text , it seems you have purchased the flat from the existing member. The schedule of the property stated in your agreement, must be the same in content as the one which the seller had in his agreement. If you included any further property details such as car parkign / balcony etc, which is not existing in the agreement of your seller when he purchased the property from the previous purchaser or from the builder, evidently, you have purchased some property which does not belogn to the seller. If the seller's agreement contains these, then the society has already accepted the ownership rights of the seller on these property and the society can not object to the same now. The question of your right over one parkign space, yes, you have the right. But the right must be aquired from the society and nto the seller. The seller does not have any right to sell any property which does not belong to him' If you feel the society has taken wrongful objection, you may approach the Dy. Reistrar for membership.
Query By (Anil ), Date (02 Feb 2016 19:38:23)
Holding post of office bearer simultaneously in two different CHS
Can a member of one CHS(regd) being MC member and holding post of the CHAIRMAN be legally hold post of SECRETARY of MC in another CHS (regd) being member of said society after amendment of 2013/2014? If not, what are consequences with provisions and case laws.
MCSAct does not prohibit a member of a society holding one post in his society and being a member in another society holding post in this society.
Query By (Vishal Doshi), Date (02 Jan 2016 21:03:35)
Parking rights
I have a flat in society which has been rented and I have a my car parking in the same building since 2006 , but not the society says as you are not staying in the society you are not allowed to park the same , as the have passed the same in AGM, I would like to know that are the society can take away my parking rights.
The parking space meant for the flat owners / occupiers to park their vehicles. Since you are not staying in the society, you are not residing in the flat and hence you can not park your vehicle.
Query By (Ganesh Racharla), Date (24 Oct 2015 15:50:12)
If lift is not provided in Building
In our society there are three building, one building have lift and other two building doesn't have lift. If lift is not provided in Building, can housing society charge repair and maintenance of the lift and salary of lift man from those members.
All expenses of the lift are required to be charged to only those members who are having lift connection in their buildings.
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