Maharashtra Co-op housing society Act

 If it is a valid nomination, the society itself should have the record of the nomination and act accordingly. One of you will be the member and the other associate member. What has the society done so far? Under which byelaws are you governed?

Dear Mr.Agarwal,Thanks a lot for your prompt response.

The society has registered record of both of us as the nominees.The society while agreeing to transfer the shraes in our names, told us that they would enroll both of us as Associate members, but  only after we have paid the receivables form our dad regarding the development charges.We have now jointly paid the pending amount including the late fee at 18%.Now the original share certificate & our separate mebership applications are with the society since 23/11/2009.We are awaiting their further reply.

Please guide me as to how long we should wait, before we initiate further action.

With best wishes,

Suresh

Dear Mr.Agarwal,

P.S.- Regarding the bye-laws the society under question is governed by MH Society Act 1960-Section 2(16) & 1961 Rule 10,in effect since 24/10/1994.

Thanks again,

Suresh

 There is no provision to make both of you Associate Members. Yes, you have to clear the pending dues, with interest if any, of your late father. The share certificate has to be transferred to the names of both of you as per nomination form. Society has no other choice. If it behaves otherwise, approach the Registrar (a corrupt office).

Dear Mr.Agarwal,

Thanks a lot for your valuable inputs.

This will surely enable me to take the right steps in the matter.

Suresh

 Dear Suresh

I would like add a critical clarification to what Mr. Agarwal has opined. Being the joint-nominees, both of you are entitled to get the share certificates issued in the joint-names and also your names jointly as Members. There is quite a distinction between a Joint-member and associate Member. Joint-members hold joint, undivided rights and hence please ensure this is done.

vasudevan

Dear Mr.Vasudevan,

Thanks a lot for your input.I'll certainly bear in mind the valuable input given by you.

Suresh

 Hi i am new to the forum

Builder is asking for 2 lakhs as society transfer fees as i am selling my flat. 

Society is not formed. Building is maintained by builder.

I occupied this flat in March 2007. What can i do.

 Mr. Batham

Form an Association of residents and move the Consumer Court. Builder is bound to form a CHS within six months of handing over possession.

Contact a lawyer. Recently consumer court fined Rs.50000 to a builder for not forming a CHS.

If you don't move, and since it is not a regd CHS, the Cooperative Societies Act/Rules/byelaws are not applicable and builder will continue to fleece new buyers.

Dear Mr. Agarwal & Mr.Vasudevan, 

Urgent!

Dear Mr.Agarwal & Mr.Vasudevan,

The society has scheduled the visit to the Registar's office on the Monday or Wednesday.May I therefore request you to give the guidelines on the points raised by me in my last posting, latest by today evening?

It will be a big help!

Thanks,

Suresh

 Dear Mr. Suresh, I could not respond earlier due to certain pre-occupations. Once the share certificate is endorsed with the names of the nominees, the transfer (by way of transmission) is complete. There is no further needs to be done except that the Register of Members should be updated with the above transaction to reflect the nominees - in this case youself and your brother as registered members of the society. Probably your society does not understand this process. Please request that you accompany them to Registrar. The Registrar certainly is the competent authority and would clarify the above legal position. Please note specifically that there is NO NEED for any further registration and do not incur any expenses. Even the transfer fee applicable when the ownership of a Flat is transferred does not apply to the present case.

Vasudevan

Dear Mr.Vasudevan,

Thank you for your prompt response.

I wish to clarify as under,

1) The property under question is a plot of land , in a housing society under development.

2) Having completd the transfer of shares, the society now has offered to do a Lease agrrement, since some other litigation with Govt.etc has been won by the society.

All my questions are related to the legal procedure for this proposed Lease Agreement.

Kindly therfore guide me accordingly in that perspective.

Thanks,

Suresh

Gentlemen,

Though I am fully aware of your busy schedules, may I request for any early guidance on the various points raised in my last despatch?

I'll appreciate it very much.

Thanks,

Suresh