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Sayed Maqsood Ahmed   04 January 2026

Deemed conveyance

Dear sir

MC of our society is demanding contribution from every member of  Rs.3000 to meet the advocates fees etc to get the deemed conveyance executed through DDR and get it officially registered in sub registrars office. And the MC passed a resolution about this cobtribution in the SGM of the members

Can the MC demand such contribution. Is it legal and what the bye laws, rules and sections of the maharashtra cooperative housing society says in this regards.

Many thanks in advance for your valuable and expert opinion.

 



 6 Replies

Dr. J C Vashista (Advocate )     05 January 2026

Can the MC demand such contribution. Yes, MC can  demand, there is no legal infirmity.

Is it legal and what the bye laws, rules and sections of the maharashtra cooperative housing society says in this regards.
Did you provide copy of Bye-Laws adopted by your society for consideration and obligation.

Consult and engage a local prudent lawyer with relevent records for consideration and professional advise.

The experts are obliging needy litigants on this platform wherein they are located all over India (if not world-wide ) but not confined to Maharashtra, you may appreciate the fact. 

T. Kalaiselvan, Advocate (Advocate)     05 January 2026

The MC cannot unilaterally demand such contribution.

The society can only collect amounts from members that are provided for in the society’s bye-laws, and approved by the General Body (GB) in a meeting (AGM/SGM), and if necessary, after amendment of bye-laws with Registrar approval (if that item is not already covered).

MC must get a General Body resolution to collect voluntary funds.

Sayed Maqsood Ahmed   05 January 2026

Dear sir

Many thanls for your aluable advice.

I.highly appreciate 

Best regards

T. Kalaiselvan, Advocate (Advocate)     05 January 2026

You are welcome for your appreciations. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 January 2026

The bye-laws of a Society are not laws of the land. They do not have the authority of the law of the land. They are an agreement among an association of persons. The byelaws are adopted by the Society at a General Meeting of the Society. They have to be approved by the Registrar (the term Registrar here applies to the assisstant registrar or deputy registrar of the concerned ward). The Registrar's duty is only to see whether the byelaws are in conformity with the Act and the Rules.

The Model Byelaws are silent on the subject of appointment of lawyers. In fact it is silent on the question of appointment of servants of the society like sweepers, watchmen etc and to determine their salaries.

The members of the society have got their respective flats conveyed to themselves. Now the rest of the property has to be conveyed to the name of the Society. Please tell me yes or no. This conveyance has got to be done by the Managing Committee. The MC wants a lawyer to advise them in the matter. A lawyer has to be engaged and his remuneration determined. Who will do this? Again the Managing Committee only. So what the MC is doing is right. If any member or members have any genuine reason against the selection of the advocate and/or his remuneration he/they can take up the matter with the MC, requisition a general meeting as provided under the bye-laws or go to court.

Sayed Maqsood Ahmed   06 January 2026

Many thanks for your valuable advice

Best regards

 


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