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ndnika (hr exec.)     30 January 2010

co-op hsg soc rent

Dear sir,

I just bought a flat & would like to rent it. but secretary of society says that i cannot rent because i am not a soc. member yet ((i had already submitted membership forms/share certificate etc. 15 days back),  he says that he will make me member after 5-6 months when agm will be called till then i can't rent my flat. Is it that ?? I am loosing 15000 per month rent. How Can being a owner of flat society restrict me ?? Is there any way ?? Pl help & reply. Thanks in advance


 5 Replies

vishvesh (general manager)     30 January 2010

As per society act he is right. But now a days act is used negatively in most of the societies. There are various acts via which we can counter attack such moves but it will affect your relationship with secretary. So decide do u want to send notice. 

Isaac Gabriel (Advocate)     31 January 2010

It is usual practice to accord admissions to members right from the date of their application The management may take time to convene the Board meeting ,but while deciding admissions,the members would be deemed to have been admitted on the date of application.In cooperative institutions,no allottments or benefits could be available only to membes,and so you are a member on the date of allotment itself..

V. VASUDEVAN (LEGAL COUNSEL)     31 January 2010

 Mr. Gabriel is absolutely right. When a property is transferred, the transferee becomes absolute owner of the property and this applies to a flat as well. As far as the Societies Act is concerned, this is an automatic process (unless specific legal objection has been conveyed to you by the MC or Secretary). Recording the membership in the AGM is a mere formality. The transferee becomes a de facto member and as such he is entitled to rent the Flat, with proper intimation. Have your Rent/lease or license deed registered and produce it to the Society. Issue a written notice to the MC and the Secretary. If no response, issue a notice with cc to the Registrar, demanding an EGM for approval of your transfer.


sangram (service)     02 February 2010

I think there is no need of waiting for AGM. sneding notice (of appointing tenant)  by purchaser of flat, attaching leave & License agreement with tenant and membership certificate is enough.


Anil Agrawal (Retired)     11 February 2010

I beg to differ. A person becomes a bonafide member of the society only when the General Body approves his admission. 

What happens when for valid reasons the membership is refused?

The Secretary of the Society shall communicate the decisions of the Committee or the General Body, as the case may be, to the applicants concerned within 15 days of the decisions of the Committee or the General Body, as the case may be, with reasons, where the applications are rejected by the Committee or the General Body, as the case may be, If the society does not communicate the decision to the applicant within three months from the date of receipt of application for membership; including nominal or associate membership, the applicant shall be deemed to have been admitted as a member as provided under Section 22(2) of the Act.

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