Is associate member competent to sell or mortgage flat without consent of other members? And two associated member will have same rights after death of owner of flat irrespective of order mentioned in share certificate?
I C Naik
“Membership of a CHS” and “Ownership of flat of that CHS” are evidenced and governed by two set of Rules. Membership is governed by MCS Act but ownership is governed by the Agreement referred to in Bye law governing conditions of admission to membership of a CHS. The Parties to this agreement being the purchasers of the flat are owners and it has nothing to do with membership. The flat can be sold by all the purchasers signing a sale agreement with the proposed purchaser(s). Upon death of a member all associate member(s) cease to be members of the CHS with no rights whatsoever.
