Society ask undue amount for name transfer in bloodrelation


My Coop Hsg Soc Falls In Ahmedabad, Gujarat, And One Of My Friends Told Me That Some 13/02/1991 Circular Or Rule Or Something Legal Thing Says That Society Is Not Allowed To Take More Then Rs500 For Name Transfer In Blood Relations Between Two Brothers......I Need That Exact Rule Or Law So I Can Show It To Registrar Office When A Hearing Is Conducted Between Me And Society Before District Registrar Office. Please Help Me With Said Details If You Can, And Oblige I made below complaint to district registrar's office since more then 26 months before but there is no action by them nor does my society give me justice, how do i go ahead in this senerio? pl. guide me and oblige. To The District Registrar of Cooperative Societies, C/o.Krishi Bhavan, Paldi, Ahmedabad-380 007. Sub : Complaint against demand of transfer fee of Rs.3 lakhs. Sir, I state that I am residing in the above mentioned property. The said property was owned by my father late Shri xxxx. I further state that since my brother used to handle the property possessed by my father, the said property was purchased in the name of my elder brother Shri xxxxx and mrs. xxxxx from the funds of my father and my brother and sister-in-law were residing in the said property till the death of my father. After the death of my father, the ancestral property was distributed between the brothers and as per the advice of the advocate, a deed was registered under No.xxxxx dated 24.11.2014 before the competent authority and the above property has come in my share. In view of the above, I gave an application along with requisite documents to show my name as owner of the above property in the record of the Society. However, the Secretary has refused my request in as much as no reply is given till date. I respectfully submit that since the above property has come in my share out of our family arrangement, there is no monetary transaction and, therefore, this is not a transaction with consideration where I am required to pay transfer fee to the society. Yesterday, when I inquired from the Secretary / Chairman, who is by profession a lawyer, refused to accept my request and stated that without payment of transfer fee of Rs.50000 & devlopment fees as rs 250000, the society is not going to transfer the same. I am also threatened that the society is going to pass a resolution in the AGM to declare me as tenent and charge double the maintainace amount as rs 6000 p.m. if I fail to satisfy the said demand, and on 9/10/2016 they actuly did so in AGM. I humbly request that I am not supposed to pay any transfer fee since I have acquired the above property by way of family arrangement upon the death of my father and, therefore, the society has no authority to demand Rs.3 lakhs towards transfer fees UNDER DIFFERENT HEADS. Even as per the decision of the Hon’ble Supreme Court of India and circulars issued by the Government of Gujarat, the society cannot charge transfer fees more than Rs.50,000 and the demand made by the society to the tune of Rs.3 lakhs under different heads, is illegal. I, therefore, humbly request your honour’s kind indulgence in the matter and direct the Secretary / Chairman of the society to show our name as owners of the above property and oblige. Kindly do needful in the matter, at the earliest. Thanking you, Yours faithfully, THE SADEST PART IS I AM NOT GETTING ANY HELP OR ACTION FROM REGISTRAR'S OFFICE EVEN AFTER SUCH IN HUMAN DICISSION OF SOCIETY TO DECLARE ME TENANT IN MY OWN HOUSE WHER I AMSTAYING SINCELAST 17 YEARS. I NEED HELP PLZ....... well i did some "google" and gathered below contenet, pl. help me if anything out of it can help me to prove myself any get my name transfer done for rs 500 expenses only for registred gift deed made under blood relation...? pl. reply and oblige. http://judis.nic.in/supremecourt/imgs1.aspx?filename=26938 http://societyhive.com/Helpdesk/Documents/Cooperative-Housing-Societies-Manual.pdf 3.2 Membership, Eligibility and Procedure Eligibility of membership provisions is contained in Section 22(1) of the Maharashtra Co-op. Societies Act, 1960. An individual completing the age of 18, mentally sound as well as competent to contract under Indian Contract Act 1872. A 18 Company or firm registered under Society Registration Act 1860, Public Trust Registration Act 1860, Public Trust registered under Mumbai Public Trusts 1950. A Co-operative society registered under M.C.S. Act, 1960 i.e. Central Govt. State Govt. local Authority public trust can eligible for membership of the co-operative housing society. However, it is necessary that they have to possess ownership rights of flat owner or tenement owner of co-op. Housing Society by legal documents. Conditions of admission of membership as per rule 19 of the Co- operative Act. 1. A person / society / body corporate intending to become a member of a particular society should apply in writing for getting membership in a prescribed form. 2. Managing committee’s approval is necessary for membership application and thereafter approval of the Annual General Body Meeting. 3. Any member who wants to obtain membership should have to fulfill to norms laid down in the Act, Rule and by laws. 4. Other than person the company firm Trust competent Authority also should have to fulfill above terms and conditions. 5. It is necessary to attach resolution regarding giving rights along with the membership application. 3.3 Refusal of membership by housing society As per section 23 (1)(A), any eligible person who has been refused the membership of the society has to tender an application to the registrar together with prescribed payment Cheque. There is a provision to give such application to the office of the Dy./Asstt. Registrar in form H(1) Rule 19-A. Accordingly Registrar, who shall forward the application and amount if any so paid to the society concerned within thirty days from the date of receipt of such application and thereafter if the society fails to communicate any decision to the applicant within 60 days from the date of receipt of such application and if the society’s decision is not acceptable to them, then there is a provision to appeal with Dy/Asstt. Registrar of co-operative society. So, Society not only receives application of registering membership but they should accept application correspondence of members without excuse and give receipts. After receipts of such complaints application, the secretary of the society should have to make scrutiny of the complaints/ application within 7 days from the date of receipt of application and if there is any requirements of document he should inform in writing to applicant. After receiving the documents from the applicant he should put it 19 before the managing committee and it shall take decision thereof in the coming managing committee meeting. Such decision shall be communicated to concerned member is mandatory. If possible contact with necessary correspondence to the member directly and give guidance. It will help to make decision process speedy and in future there is end to such complaint and no prospective complaint. It is necessary to issue share certificate to each member by registering in the societies register book in the form of ‘I’ and ‘J’ because share certificate is a main document of the member. In such a way if the society did not issue share certificate then by making an application to the Registrar, request may be made to the Registrar to initiate proceeding as per Section 79(2). 3.3 Refusal of membership by housing society As per section 23 (1)(A), any eligible person who has been refused the membership of the society has to tender an application to the registrar together with prescribed payment Cheque. There is a provision to give such application to the office of the Dy./Asstt. Registrar in form H(1) Rule 19-A. Accordingly Registrar, who shall forward the application and amount if any so paid to the society concerned within thirty days from the date of receipt of such application and thereafter if the society fails to communicate any decision to the applicant within 60 days from the date of receipt of such application and if the society’s decision is not acceptable to them, then there is a provision to appeal with Dy/Asstt. Registrar of co-operative society. So, Society not only receives application of registering membership but they should accept application correspondence of members without excuse and give receipts. After receipts of such complaints application, the secretary of the society should have to make scrutiny of the complaints/ application within 7 days from the date of receipt of application and if there is any requirements of document he should inform in writing to applicant. After receiving the documents from the applicant he should put it 19 before the managing committee and it shall take decision thereof in the coming managing committee meeting. Such decision shall be communicated to concerned member is mandatory. If possible contact with necessary correspondence to the member directly and give guidance. It will help to make decision process speedy and in future there is end to such complaint and no prospective complaint. It is necessary to issue share certificate to each member by registering in the societies register book in the form of ‘I’ and ‘J’ because share certificate is a main document of the member. In such a way if the society did not issue share certificate then by making an application to the Registrar, request may be made to the Registrar to initiate proceeding as per Section 79(2). 3.4 Action on Housing Society level and Provision of Appeal a) Co-operatove Housing society has taken decision on membership application within 3 months from the date of receiving application of member. The decision may be affirmative or negative. If the society has not informed affirmative or negative decision regarding membership to the applicant then the applicant has right to make application u/s 22(2) to the Dy. Registrar Co-op. Housing Society for deemed membership and there is a provision of hearing to both the parties and passed legal order. b) If any eligible person who has been refused the membership of the society has to make an application to Dy./ Asstt. Registrar co-op. society u/s 23(2) and seek justice. The Dy./Astt. Registrar gives his decision on the said appeal by calling both the parties’ applicant and housing society. c) In above cases, if the decision of court is not in favor of applicant then there is a provision to approach in revision appeal to the Divisional Joint Registrar and can seek justice. Justice can be seeking by admitting writ petition in the Hon’ble High Court against the verdict of the Revision Appeal. d) It is necessary on the part of the society to take approval of the general body meeting for the challenging the decision in the above serial No. ‘A’ and ‘B’. Thereby the number of appeals make out of personal rivalry would be minimized. E) If the society has not challenged the orders issued by the Registrar, and membership also not given to the concerned member then that it is necessary that such member should have to make an application to the Registrar and the Registrar would issue directives under section 79(2) (A) on it and even there after the society did not obey the directives then by appointing Authorised officer u/s. 79(2)(B) the proceeding of giving membership would be done. 3.10. Transfer of flat and transfer fee 1. A member should not transfer his ownership of flat to others before completing one year, to his membership of the society. 2. A member has got ownership of a flat through court or heirs by order of court above condition of one year is not applicable. 3. Even though there is no necessity of No objection certificate for transfer of flat, according to rule 24 of the Rule 1961, he has to give 15 days’ notice to society before transferring of flat. 4. On receipt of such notice, the Secretary should place the same before the meeting of the committee and take decision thereof before 30 days and inform such decision to the member within 8 days from the decision of society. 5) If any member has demanded No Objection Certificate from the society for transfer, the responsibility of the chairman/secretary is to approve the same and if it is not possible to issue NOC then the reasons for it should be communicated to the member within eight days. 24 6) For transferring the membership to the nominated heirs/persons after the death of the member, the managing committee should proceed as per the provisions in Rule 25 of section 30 of the Co-operative Act. 7) It is necessary to take decision within three months on receipt of the application for transferring the share and the decision should be communicated. 8) If Society has not taken any decision within the 3 months stipulated period as per provision in Section 22(2) and society has denied such application there is a provision to appeal before the Register u/s 23(2). 9) If Society does not accept the application of transfer from member, the member can make application to the Society through Registrar of Co-operative Societies. 10) It is obligatory on the part of the Society to take decision within 60 days on such application received from the Registrar. 11) For transfer of flat, the member has to produce necessary legal documents according to Bye- law No.38(E). 12) It is necessary to deposit admission fee, transfer fee and transfer premium along with transfer application. 13) Amount of Premium shall be maximum Rs.25,000/-. Similarly it shall be Rs.25,000/- or the amount which was approved by the General body meeting of the society whichever is less. The said provision is applicable to all the flat and plot owner’s of society. 14) Transfer premium is not necessary for deceased member, mutual transfer among two members of the society or transfer among family members. 15) Society will provide no objection certificate if demanded by member to produce the same for the loan from the financial agencies. If society is not able to give such certificate of N O.C, they have to inform concerned person in writing within 15 days. 16) If the Society refuses to issue N O. C. then member has a right to seek justice from three members committee or making an application to the Registrar. 17) Registrar of Co-operative Societies will give his verdict on the applications regarding NOC received against the decision of the society after hearing all concerned. Such verdict shall be binding on society and member. All the above provision are applicable to flat, tenement, shop, bungalow/ plot, garages etc. 25 3.11 Regarding Sale of Flat /Commercial Premises Gala or giving it on rent basis:- It is not necessary for member of the co. operative housing society to take permission of the society before selling the Gala. However, it is necessary to make payment of service charges due to the society and other amount as per provision in the bye-laws before selling the flat. If a member of the society is not residing in his ownership flat and he wants to give his flat on sublet, he can submit such an application to the society and it is necessary to take prior permission of the society as per bye-law No.43. It is necessary on the part of the society to convey the decision on the application within 15 days on receipt of the application. 3.12 To issue NOC for taking loan on Flat /For construction /for Repairing / for utilization etc. 1) A Member is not allowed to take mortgage loan from any financial Agency without prior permission of the society. 2) If Society not given any reply to member regarding permission, then member can make a complaint to the Registrar u/s. 79(2) for giving direction to the society. 3) When member is required mortgaging flat for purpose of education, health etc. in such a situation society has to help them by issuing proper certificate required to financial agency. Chairman, secretary of the society may issue certificate without delay in prescribed format and this matter should be informed to other committee members in the next subsequent meeting of the managing committee. Similarly it should be noted in the mortgage register after receiving Bank letter. 4) If the society has not taken any action on such proposal and not issued certificate, the Registrar has power to appoint competent officer and make an arrangement to give certificate (as per provision u/s. 79 (2)(b) ) financial agency or Banks should have to consider this NOC. Member has to give Indemnity Bond to concerned authority. 5) If financial agency/Banks inform in writing then it is obligatory to record liability in their name in the register of the housing society. It is the responsibility of the society to register the name of the financial agency and loan amount and its repayment in the ‘I’ format Register. If the member has mortgaged his flat with financial agency and took loan against it with prior permission of the society. Similarly if the financial agency, Bank inform for removing liability, then the Society should have to remove it immediately. 26 6) If a member wants to take a loan for purchasing a flat from his employer where he is working, similarly, he wants to take loan from the Life Insurance Corporation of India or from the agencies or Financial agencies approved by the Commissioner, Co-operation & Registrar, co-operative societies, Pune then it is not necessary to take prior permission of the society as per bye-law No. 45. 7) If a member wants to undertake construction works or repairing works in his plot or gala or wants to utilize the gala for some other purpose then it is necessary that the concerned member should have to make an application in writing. It is obligatory on the part of the society to take proper decision on it and communicate the same to the member within one month. If the society denied or not communicated anything within the prescribed time limit then concerned member can make an application to the society Registrar and seek justice on it. Registrar, by taking hearing of both the applicant and society and after hearing their say on the matter give his decision subject to the provisions and rules and byelaws of the act. It is compulsory to the Registrar to give his decision within one month.

 
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