Clarification of status as joint/associate membership of a group housing society under dcs act
Vijay
(Querist) 16 December 2013
This query is : Resolved
I, along with my wife became Members of a Group Housing Society in Delhi since 1999 and have been issued Share Certificate in name of my wife (as first applicant) while my name appears as Joint/Associate Member.
The facts are:
1. We issued separate affidavit, at the time of membership, stating that neither of us are holding any residential property in Delhi
2. Some of the payment receipts issued against construction money is in joint name prior to allotment of flat.
3. The Allotment and Possession letters are issued in my WIFE’S NAME ALONE
4. NOC of “No Dues” and for the purpose of Conversion to Freehold, issued by the Society in 2011 is in JOINT NAME.
5. Monthly maintenance bills are being issued in JOINT NAME since 2011.
However, the Managing Committee has disputed my Joint Membership and have issued a letter stating that Allotment and Possession letters are issued only in my wife’s name and hence it cannot be considered as Joint Membership. It would be pertinent to add that I have never withdrawn my name from the Joint Membership nor the Society ever raised issue or objected on the subject but due to certain episodes in AGBM, they issued a letter only recently negating my Joint Membership
May I request you to kindly advise legal status of my Joint Membership of the Group Housing Society. Also, please let me know the difference in Joint and Associate Membership and how it differs from Nominal Membership.
Thanks
Dr J C Vashista
(Expert) 17 December 2013
1. Joint membership is permissible under the provisions of Delhi Cooperative Socities Act, 2003, Delhi Coperative Societies Rules, 2007 and Bye-laws adopted by your society.
2. Challange the action of MC before Registrar Cooperative Societies, Parliament Street New Delhi-110001, being illegal and malafide.
3. First member (name of your wife in this case) has the voting rights.
Vidhi Joshi
(Expert) 17 December 2013
Challenge the same before Registrar.
Rajendra K Goyal
(Expert) 17 December 2013
Challenge the same before the registrar of societies.
Vijay
(Querist) 23 December 2013
Reply to the query of Mr. Sudhir Kumar:
Management Committee (MC) has not quoted any rule in their letter but based their verdict on the allotment letter issued in favour of my wife. They further stated that unless Conveyance Deed is in Joint Names, MC will not considered my being a Joint Member. What I believe, conveyance Deed is mandatory before converting the property into Freehold.
I thank everyone for their valuable inputs and shall act accordingly. Further advise, if any, is most welcomed
T. Kalaiselvan, Advocate
(Expert) 17 December 2013
