Wish to become a co-owner of the property
sudhakar s. yeradkar
(Querist) 19 September 2016
This query is : Resolved
Respected Sir,
My wife is single owner of our Flat.Share certificate & all relevant documents are on her name.
The society office bearers are doing harassment. My wife can not argue with them neither she is able to proceed legally against them.
As I am not a member of the society hence I have no authority to speak to office bearers.
I wanted to become a official member of the society to attend meetings, participate in the discussion etc.
Our society is not accepting application for Associate Membership.
Please advise me proper way to get the official membership for the society.
Thanks in advance.
Kumar Doab
(Expert) 20 September 2016
Relate the rules framed by society with Model Bye Laws.
Rajendra K Goyal
(Expert) 20 September 2016
Refer the bye laws of the society.
Your wife can send letters duly drafted by you / your lawyer.
If situation of harassment does not improve, take help of layer and file case against the society / members.
You have not mentioned nature / details of harassment.
Shashikant V. Patil
(Expert) 20 September 2016
Dear Sudhakar Yeradkar,
Execute a Special Power of Attorney in your name from your wife to deal with this which come across to your wife and on behalf of your wife.
Kishor Mehta
(Expert) 21 September 2016
Sir,
If your society is in Maharashtra, then the Model Bye-Laws of Maharashtra permit you to become an associate member, you can make a complaint to the Dy.Registrar of your area if the society does not accept your application for associate membership. The society is legally bound to accept your application and enroll you as an associate member.
You have two further avenues in RTI and Consumer Redressal Forum.
Please understand that Power of Attorney holders have no standing in a co-operative housing society.
Good Luck,
Kishor Mehta
Kumar Doab
(Expert) 21 September 2016
Expert Mr. Kishore Mehta has illustrated.
Draw the attention of Secretary to Bye Laws.
Hemant Agarwal
(Expert) 21 September 2016
SIMPLE SOLUTION:
1. You can ask your Wife to duly execute a "GIFT Deed" of some part ratio of the Flat to you. In Maharashtra, presently the Stamp duty is 200/- and Registration Fee is 200/- for Gift Deed, in your case.
2. Thereafter, based on the registered Gift Deed, duly apply to the Society, to add your name as Joint-Associate member of the Society, relating to your Flat AND then consequently enjoy all rights of Society membership, without any further reference to anybody or any documents.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Raj Kumar Makkad
(Expert) 21 September 2016
Well advised by experts leaving no room to enter.
sudhakar s. yeradkar
(Querist) 21 September 2016
Thank you very much to all experts for giving your valuable suggestions.
Would like to bring to your notice that...
1.Society is not accepting application form & requisite Payment made for Associate Membership / though it was sent thru postal authority.
2.The Hon'ble Dy.Registrar has sent letter against our complaint to society to follow the Bye Laws & don't harass members but no impact on office bearers.
3.All relevant articles, copies of Bye laws, Net articles, Copies of Govt Notifications for Non Occupancy charges etc have already been given to them but no use of it.
Their thinking is, the General Body may pass any kind of decision pass the resolutions in the meeting and all members should adhere to the same.
Anyway thanks for your advise.
Sudhakar Yeradkar
Kumar Doab
(Expert) 21 September 2016
In that case society is willfully not complying.
It may get penalized.
LCI expert Mr. Hemant Agarwal is at Mumbai and handles such matters.
You may benefit from his counsel.
Raj Kumar Makkad
(Expert) 22 September 2016
General body can't pass the resolutions against the basic bye-laws of Act adopted by society and if such violation continues, file a petition before Cooperative court against the office-bearers of the society.
Rajendra K Goyal
(Expert) 22 September 2016
General body can not pass all resolution in contravention of the bye laws of the society.
Kumar Doab
(Expert) 22 September 2016
You can act to defend your interest.
cherukuri prasad
(Expert) 24 September 2016
Become proxy of your wife. It is a simple problem. Take gpa. Complaint to society registrar.
