Ravi Gupta
I recently purchased a flat in a co-operative housing society in Pune, Maharashtra. The property is in the names of me and my wife.
I have 2 questions for the same:
1.Shall only I be the member of the society or both of us could be the member?
2.The shares of the flat will be transferred to one name or both?
I C Naik
It is strange that the Hon Secretary of the housing society in which you bought a share and the interest in the capital/property of the Society ( i.e. a Flat) is not guiding you for such a simple question in your mind.
Since the property is bought under an agreement where in you and your wife are joint purchasers as a conscious decision to hold it in the name of both why at a later stage of becoming a member this question should arise?
If in the sale by an existing member to you/your wife, a procedure prescribed in Bye-laws is followed before the sale agreement was executed by the member, a 15 days’ notice would have been given to the Society in the prescribed form along with the written consent of the proposed buyers in the prescribed form. So the decision to enroll your wife as Associate member has been taken already.
As a matter of guidance to ignorant persons like you let me quickly point out the advantages of your filing an application in the prescribed form for admitting her as an Associate member wherein you are the original member as your name appears first in the Purchase agreement, though you have a choice to request the Society to admit her as first member and you as Associate member.
1.An Associate member can attend the general body meeting of the Society where an original member cannot make it to the meeting.
2.If the Bye-Laws permit Associate member can apply for admission as original member in case the original member has not nominated any other person and he dies without making a Will.
3.Associate can appoint any member of the same undivided family of an original member a nominee to inherit his/her share in case of the death of the Associate member.
4.Associate member (if the Bye-Laws so allow) can join the managing committee with prior consent of original member through cooption or by winning an election.
5.Associate Member having joined the Committee as aforesaid is eligible to be elected Secretary, Treasurer or Chairman by the members of the Committee
6.If elected as a Chairman presides overall the general body meetings f members including annual general meeting.
Associate Member and original member will of course be jointly and severally liable to the Society for compliance of applicable bye law requirements including payment of maintenance charges.
So with this information you should be able to decide if your wife should become a member of the Society and if yes, whether an original member or ASSOCIATE MEMBER.
So go to the office of your new Society ask for a copy of the Bye-Laws and go through carefully to verify the rights of Associate member. It is possible that you may be confronted with an equally ignorant Manager of the Society that he denies inspection of Bye-laws as that is allowed to members and you have yet not been admitted to membership. Politely point out to him content of Para 12 of the Form of application whereby you sign an undertaking as under:
12.I have gone through the bye-laws of the society and undertake to abide by the same and any modifications that the Registering Authority may make in them.
He will give you all the time to go through it.
One final thing which can escape attention is only one of you will have the rights as member and not both will have the same rights, except occupying the f l a t jointly and severally as you may wish.