Co operative society
Tapen dave
(Querist) 04 October 2016
This query is : Resolved
1) Issue
Transfer of flats to joint owners vide sale deed
The committee has allowed by way of NOC issued in the first holders name, for the transfer of the flat can be taken place, but they deny having made an entry in the share certificate.
Is the transfer valid .Also the registered document is in the name of the joint owners,where one of the joint holders will be a nonmember
Are the transfers valid without obtaining the collectors approval as per the terms and conditions of the collectors land laid down .Is the decision of the Managing committee valid to give the noc in the name of the 1st Holder ,even though the registered document is in the name of the joint holder.
Also we were planning that through a gift deed my mother,can make my father and us as joint owners . Can it be done based without the collectors permission or the collectors permission.Is the collectors permission a must in the case of gift deeds .
The terms and conditions of the collectors land are as under
1) That the society or any member shall not sell or any way transfer by mortgage lease etc. any plot or block out of the land to any other person other than a member of a society or let or give on leave and license bases any tenement, block or flat out of the land to any other person than member without obtaining previous written approval of the additional collector, Bombay suburban district. The additional collector, Bombay suburban district shall have the right of first refusal, whenever any tenement blocks or flat is to be let out or to be given on leave and license basis and to nominate government servants for the purpose. The additional collector shall exercise the right of first refusal within 30 days of the receipt of intimation from the society or its members.
2) That the society shall not enroll any additional member/members/or substitute any member in place of those approved by the government, except with previous written approval of the government.
3) Also the committee was restricting me from the verifying the documents for the transfer of the flat,on the condition that the flat owner be present during the verification .
Can they restrict a member from the verification of the documents. My opinion was that they cannot deny the verification and also cannot insist on the presence of the person whose flats papers I am inspecting Is my stand correct .
what do you advice on the above matter.
Also as per the old byelaws: Associate membership means a member who holds jointly a share of a society with others, but whose name does not appear first on the share certificate
Earlier we used to have associate members who used to attend the meeting / vote and become managing committee members by mere entry in the share certificate and filling the requisite NOC from the original member. No collector permission was taken for the same. Was it required as per the above conditions.
Dr J C Vashista
(Expert) 05 October 2016
Too long a story and not a query, you will have to be precise since I do not have so much time and energy to reply.
Consult a local lawyer if it is not an academic query.
Guest
(Expert) 05 October 2016
Dear Tapan,
In any society's working, individual opinion has no relevance, if not covered under any bye-law of the society. You may act according to the bye-laws of the society.
However, if the MC is considered to be not working satisfactorily, you may raise questions in the AGM to make them answerable before the whole available membership in the AGM.
Rajendra K Goyal
(Expert) 05 October 2016
Society can not act beyond its bye-laws or in arbitrary way. Before any advice all documents have to be referred.
Show all documents to local lawyer and discuss in detail.
cherukuri prasad
(Expert) 07 October 2016
don't mix registration law with co-operative law.
