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aakash singh   10 September 2023

Can residential property be rented without cooperative housing society membership (share certificat)

Hi Reputed Lawyer's,

I stay in Mumbai. Im having a registered gift deed of a 2BHK flat in a Cooperative housing society. I applied for Membership but due to Society tan-trums society managing committee refused. My question is...

1). Can I lease by property on the basis of registered Gift deed???".

2). Is Society membership (share certificate) required to lease a residential property in Mumbai??? Will there be any problem??? 

3). Maharashtra leasing and renting procedure does not state any clause on society membership compulsion while renting / leasing of property!!!




 4 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 September 2023

As regards your membership has the Society given you a reply rejecting membership? If so have they given reason for rejecting the membership? If the Society gives no reply to you for 3 months you will be deemed to have been admitted as a member. You can also complain to the Assisstant Registrar of your ward. He will take action. Do you have physical access to your flat?  If so you can give it on rent. Permission of the Society is not necessary. Sometimes the Society may complain to the police. You or your tenant may be called to the police station. You tell the police that this is a civil case. They will not do you any  harm.

aakash singh   10 September 2023

Dear Sir,

Thankyou for your reply. Yes, the flat is in my possession. I know the procedure ahead but the Housing Society Registrar are corrupt. Every where you have to throw money to get your rights even though you are correct.

T. Kalaiselvan, Advocate (Advocate)     10 September 2023

 If the property has been transferred to you in the revenue records by the virtue of the registered gift deed to your name, then you are the absolute owner with clear and marketable title to your name.

If your attempts to obtain membership of the society have failed and for the same reason you are not able to get the membership certificate you may let out the property on rent instead of waiting for their gimmicks or trantrums tro come to an end, due to which you will be losing huge revenue out of this property.After that if the society takes any action against the tenant, you can obtain an order of permanent injunction against the society through court of law. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 September 2023

CHS flats do not come in revenue records.

Registrars are not that corrupt. When law is clear they can do nothing. Anyway if the flat in your the Society can do nothing. Even to collect your dues they will have to admit you as member. If you have no reason to sell your flat in the near future you do not have to worry about anything.

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