Communalism in co-operative housing society
HIRAL THAKKAR
(Querist) 12 August 2013
This query is : Resolved
Dear Experts,
There are is a co-operative society made up of all members of a particular community and my client is a tenant therein of a caste different from the said community. Now by efflux of time he is now a statutory tenant and he wish to become a member of the said society. However the soct is refusing for some or other reasons. I have referred the case of http://www.indiankanoon.org/doc/1900075/
However my question to this is that what all the points we need to secure before going to Dy Registrar Co-operative society claiming membership.
ajay sethi
(Expert) 12 August 2013
society cannot discriminate on grounds of religion . if you have made application to society have you received any written reply
HIRAL THAKKAR
(Querist) 12 August 2013
Yes sir, They are not inclined to make the tenant a member may be for monetary gains. Now the society is also going for redevelopment, can the builder make us the members?
ajay sethi
(Expert) 12 August 2013
how can builder make you a member ? society has to make you a member . who is the owner of flat? owner must be a member of the society . tenant cannot be owner
HIRAL THAKKAR
(Querist) 12 August 2013
Sir tenant cannot be a member, but what if it is statutory tenant, what are the ways left at the stake of the statutory tenant to be the society member
prabhakar singh
(Expert) 12 August 2013
Even statutory tenant can not claim membership,that is the domain of owner/landlord.
HIRAL THAKKAR
(Querist) 12 August 2013
Sir the society is formed and there are 7 tenants who are holding premises on tenancy basis since 1985 and now they are requesting the society to make them as members. Which are the ways can the tenant be a member of that society.
prabhakar singh
(Expert) 12 August 2013
Why don't you understand that such a society is constituted among owners of flats/apartments and tenants in those flats/apartments can not claim
membership of such co/operative society.
Raj Kumar Makkad
(Expert) 13 August 2013
Society is meant only for owners of the flats and you being tenant cannot claim to become its member.
HIRAL THAKKAR
(Querist) 13 August 2013
Dear All,
How about this arrangement, I am the original tenant since inception of the society and I sell the premises to a third party can that third person claim membership?
Devajyoti Barman
(Expert) 14 August 2013
no , when you do not have ownership how can the purchaser from you have membership.
HIRAL THAKKAR
(Querist) 16 August 2013
Sir, Is can the tenant approach through Dy Registrar for claiming membership in the society.
V R SHROFF
(Expert) 16 August 2013
Yes, Registrar can direct Society to register the bonafide purchaser as it's member, on Appeal of intending member u/s 23(2) of Mah co op soc act 1960, if membership is refused.
V R SHROFF
(Expert) 16 August 2013
Yes, Registrar can direct Society to register the bonafide purchaser as it's member, on Appeal of intending member u/s 23(2) of Mah co op soc act 1960, if membership is refused.
HIRAL THAKKAR
(Querist) 16 August 2013
Thank you Shroff Sir,
One last doubt since I am the tenant for the last many years in as much as since 1985 being the the society themselves granting us as tenant arbitarily being not of their community and now when having adopted the model bye laws the society is now reluctant to convert the tenancy to ownership for a resonable consideration. Can you suggest some case laws on this.
ajay sethi
(Expert) 16 August 2013
you need owner permission to be admitted as member of society . tenancy rights cannot be converted into ownership rights
ajay sethi
(Expert) 16 August 2013
section 23(1)provides that No society shall, without sufficient cause, refuse admission to membership to any person duly qualified therefor under the provisions of this Act and its by-laws.
in your case you dont satisfy the criteria . you have not purchased the flat
HIRAL THAKKAR
(Querist) 16 August 2013
Sir, But since I am a statutory tenant and society while allotting the premises made us the tenant since as per the then bye laws of the society we were not of a particular community, but now since the society has adopted the new bye laws the communalism concept is gone and now don't the society has to convert us to members of the society and we are ready to compensate the society for converting us the members. Under which provision of law is this applicable.
Sudhir Kumar, Advocate
(Expert) 17 August 2013
You have made so many query repeating that you must be a member without being owner. In all probability society by-laws are not in your favour.
Had the3 society constitution been in your favour then you would have long back made hell of the life of office bearers and grabbed membership.
Sudhir Kumar, Advocate
(Expert) 17 August 2013
I wish to share with the replying experts that I know one apartment where constitution allows tenant to be member and one tenant became de-facto Secretary and used his might to foil the owner from getting the flat vacated.
Laws are already pro-tenant and allowing tennat to member is deep nail in the coffin of landlord. Once member one can contest election, be Secretary/President, hold liaison with police corporation and local politicians of all parties ...etc .....etc
V R SHROFF
(Expert) 17 August 2013
ADVOCATE HIRAL,
U R WELL ADVISED.
Now you have to work yourself for your client to earn out of it.
After all you are not gong to share your fees with us.
And as it becomes Commercial Query,we end it here.
prabhakar singh
(Expert) 17 August 2013
MUCH MISCONCEPTION IS FOUND HERE WHEN TENANTS SAYS HE WOULD 'SELL'THEN?
WHAT RIGHT IN FLAT A TENANT HAS TO SALE?
Devajyoti Barman
(Expert) 17 August 2013
the query is resolved unless the author thinks otherwise.
ajay sethi
(Expert) 17 August 2013
query is resolved . period
Guest
(Expert) 17 August 2013
Dear Mr. Hira lal Thakkar,
The query seems to have been stretched too far. You are an advocate and I hope you know very well that there is a lot of difference between communities and communalism. So, the topic of your query does not seem to be OK. Even if you belong to some other religion other than the members forming the society, they can do so even constitutionally, if the society is made solely for the benefit of the members of that particular religion. Castes do not fall within the scope of communalism.
However, the ultimate answer to your question and unlimited supplementary questions lies in reading of the byelaws of the society, which are duly approved by the Registrar of Co-op societies. Better read that and act accordingly, if you become eligible according those byelaws. If according to the byelaws there is no bar in enrollment of membrs of other communities/ religions, you must fight for your cause.
If you are unable to get byelaws from the society office, you can get a copy through RTI from the office of the Registrar Co-op Societies.
