Associate memeber of co-operative hosuing society

Yes she can participate in the General Body Meetings,

After your demise unless otherwise if you have not left a will, if your wife's nomination is provided to the society she can become a member and the share of your rights shall be as per class I heirship of the Hindu Succession Act.

Regards

Thanks for your advice. However, kindly inform if she can attend the General Body Meetings along with me.

Yes she can accompany you in the meeting

Many thanks for your reply. The Prseident ,Secretary and some members objected  when my wife desired to seek clarification.

If there is any objection seek from them in writing the objections and after thorough correspondence with a copy forwarded to dy registrar co-operative societies. the president and secretary will then learn,

Many thanks Thakkar saheb.

You are getting absolutely unlawful advise from someone who is not aware of co-operative law.

An associate member comes into legal entity when Managing Committee approves associate membership of such a being,without which no one can appont himself/herself as associate member.

If name appears on share certificate,it means it was already approved by MC.

Such a approved associate member can attend AGM in  the absence of original member and not along with original member.

With the death of original member,legal entity of associate member also comes to an end.

After the death of original member,the society committee transfer the flat in the name of the nominee,if such a name is given to society during his life time by the orginal member after following due process of law.

Associate Membership of a Society is usually confused with Co-ownership.

When any property is purchased in joint names, then the first person named on the share certificate is the member and the second or subsequently named persons are associate members. However, they are also co-owners of the property. All of them can participate and ask questions in the meetings. However, only the first named member can vote and in his absence the second named member, or in their absence the third named member and so on. When, the main member dies, then his nominee becomes the member of the society. However, the co-ownership of the other members remains as such, and only the beneficial share of the main member is divided as per his will or personal succession laws. The share of the co-owners in the apartment remains valid and the apartment can not be disposed off without the consent of all the co-owners. In some cases it might be possible that the nominee of the dead member is different from the legatee. In such cases while the immediate change in the share certificate is in the name of the nominee, the share certificate is subsequently transferred in the name of the legatee after probate and execution of the will.

When the property is purchased by a single person, he can apply to the society to register an 'Associate member' to represent him in the sociey meetings in his absence. This is a pure case of only associate membership and nhis name is mentioned on the share certificate as 'Associate member' and not co-owner. Such a person has no interest in the apartment and can participate in meetings only in the absence of the main member. His associate membership is also co-terminus with the main member and ends on his death.

In your case, the wife appears to be a co-owner as in the first case above, and therefore the advice as per Advocate Thakkar should apply. Advice of Advocate Amar should apply in the second case.

Please note on lawyersclub there is no advises given only opinions are provided for to the queriest and that too free of cost. no one can judge an opinion as unlawful. It is sheer disgusting and unbefitting act to judge an opinion as unlawful. Read the meaning of unlawful and then write the word or judge an opinion as unlawful. There should be professional ethics on each and every professional. Secondly read and the query and opinion and then write. At the most you can write the opinion as inappropriate. Whatever a person opines that is only and on sheer query of the queriest without knowing the entire facts and therefore never write the word unlawful. Thirdly don't be exgagerate yourself as if you are the only person known the law. We are professional and I write from my point of view and the querist, if you differ from any part of the opinion you should have courtesy to write that I differ and not straight away judge the opinion as unlawful.

Please better take care next time in writing the word unlawful and after having thorough knowledge of law.

The above writing is to the individual to judges an opinion as unlawful.

Regards

1. Associate Member is not the registered member of the Society,

2. She can attend the meeting for & on behalf of you with your authority letter but her submissions in the meeting will not be recorded in the minutes of the meeting,

2. She can not vote also in any election of the Society.

1. Associate Member, whether co-owner or appointee, is duly registered with the society.
2. Associate Member can attend the meeting if the main member is not present. In case if the asociate member is a co-owner, then she can attend along with the main member. No authority letter is required by the associate member (as she is already registerd with the society), and her submissions have to be taken on record.
3. Associate member can vote in the society meetings if the main member is not present.