Dipak Jain 18 May 2026

Eligibility to be secretory in small residential society

Hi , i would like to have expert advise from expert related to co operative society laws . the flat owner whose flat is on name of wife and son can be eligible to be secretary in small co operating housing society where there are only 15 members and no one is interested in secretarty while the one who is ready to be secretary , does not have his name as first name or associate name on agreement . pls advise .

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Dr. J C Vashista (Advocate ) 19 May 2026

Only member (not his/her relative) can be entrusted the work of Secretary. As you are not a member of the society accordingly you are not eligible.

Read Bye-Laws of the Society.

T. Kalaiselvan, Advocate (Advocate) 20 May 2026

Under standard Cooperative Housing Society laws and model bye-laws, the Management Committee (including the Secretary, Chairman, and Treasurer) must be elected or appointed exclusively from amongst the registered members of the society. The flat is in the names of his wife and son. Since his name is completely missing from the registered sale agreement, he holds no legal title or share in the property.

Because he has no ownership stake, he cannot automatically be a Primary (Original) Member or an Associate Member of the society.

A person who is not an active, registered member on the society's share certificate cannot contest elections, sit on the managing committee, or sign official society documents as an office-bearer.