Rieghts of joint share holder in chs
Querist :
Anonymous
(Querist) 02 November 2011
This query is : Resolved
I own a property in a cooperative housing society jointly with my son. My son is willing to surrunder his rights in my favour in the CHS matters, as he is preoccupied.
(A)Can I become an associate meber ?,
(B) if yes, what is the procedure? and
(c)what will be my rights and limitations if such a membership is granted to me ? Pl. guide.
ajay sethi
(Expert) 02 November 2011
since you are the joint owner of flat you are already a member of the society .
A joint owner in a housing society is called an Associate Member. Sec. 2 (19) (b) defines "Associate Member" as a member who holds jointly a share of the Society with other, but whose name does not stand first in the share certificate
if your name is second in share certificate you can attend meetings , participate in deliberations of the society . , vote in elections , stand for elections
In the Prataprao Vs. Vijay Premises Co-operative Society, (1977), C.L.C. 74,76 case, the right to stand for election and work as a Managing Committee member has been upheld subject to any specific provision restricting this right in the bye-laws of the society.
Raj Kumar Makkad
(Expert) 02 November 2011
Your son can transfer his right by way of registered relinquishment deed which shall provide you absolute ownership. You can get it entered in CHS record and can avail full ownership/member's rights and liabilities at par with all other members of the society.
ajay sethi
(Expert) 02 November 2011
mr makkad querist query is relating to associate membership ,procedure and rights and liabilites of associate membership
Raj Kumar Makkad
(Expert) 02 November 2011
Yes. Ajay you are right. I overlooked some contents of query.
prabhakar singh
(Expert) 03 November 2011
MR.SETHI IS RIGHT IN HIS OPINION.
Querist :
Anonymous
(Querist) 03 November 2011
So nice of you all the gentlemen and thank you.
I will be obliged if some one can also lead me regarding the procedure required to be followed by an individual to get satatus of an associate member.
ajay sethi
(Expert) 03 November 2011
mranonymous i have already mentioned if you are a joint owner of flat you automatically becom e an associate member
Querist :
Anonymous
(Querist) 03 November 2011
Sir, I have been asked by CHS to apply in specific formate under bye law bearing NOC from first share holder (my son) with prescribed fee and that they will not entertain me till date of passing resolution at AGM and that my automatically becoming associate member is not acceptable to them.
Is this legally correct ? Sorry for bothering you again and again.
ajay sethi
(Expert) 03 November 2011
where are you located?
maharashtra cooperative soceties act
Sec. 2 (19) (b) defines "Associate Member" as a member who holds jointly a share of the Society with other, but whose name does not stand first in the share certificate
ajay sethi
(Expert) 03 November 2011
in case society is insisting then you fill in form and forward cheque of 100
MEMBERSHIP
(C) Conditions for Membership
Bye Law No.19
B) An individual, a firm, a company or a body corporate, registered under any law for the time being in force, who/which is eligible to be an associate member and who/which has made an application in the prescribed form for such membership, along with the entrance fee of Rs. 100/-, may be admitted as such member by the Committee.
Bye Law No.21
The procedure for disposal of application for membership of the society, as laid under the bye-law No. 65 (a) to (g) shall be followed by the Secretary and the Committee of the society.
Bye Law No.39
(b) A meeting of the Commoittee or the General Body, as the case may be, shall not refuse any application for admission to membership of transfer of shares and interest in the capital/property of the society except on the ground of non-compliance of the provisions of the Act, the Rules and the Bye-laws of the society or any other law or order issued by the Government in exercise of the statutory powers vested In it.
Any person can become an Associate Member on submitting an application ( alongwith the entrance fee of Rs.100/-).
