I own 2 properties in a society in Mumbai, 1 flat and 1 shop. I am the sole owner of the shop. The flat is jointly owned by my wife but my name appears first in the share certificate. I wanted to know if both me and my wife can attend the AGM and vote, i.e. me for the shop and my wife for the flat. I would be highly obliged if you could solve this query. I also request you to please cite the relevant sections and judgements if possible.
I C Naik
A person having rights to share in capital/property of the society [ a flat or two or a shop] of CHS is a member having just one vote U/S. 27(1) of the MCS Act 1960 i.e. no member of any society shall have more than one vote in its affairs; and every right to vote shall be exercised personally and not by proxy. Voting right is as per Share Certificate. Occupancy rights to property in a CHS is different from voting right. These two are two sides of being a member in CHS but both are governed by independent set of legal provisions.
As for both of you participating in general body meeting we need to look at Sub-Section 2 of Section 27 of the Act.
(2) Where a share of a society is held jointly by more than one person, 2[the person whose name stands first in the share certificate, if present, shall have the right to vote. But in his absence the person whose name stands second, and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate, who is present and who is not a minor, shall have the right to vote.]
When a member attends general body meeting or annual general meeting what he misses out is he does not represent his flat or shop. He is one of the joint owners of the CHS as a whole. The members in these meetings look at the affairs of the society as a whole and not in isolation of his her flat/shop. Since this is missing the attendance in these meetings are barely equal to quorum.
The Associate member is entitled to participate and vote in general body meeting where the main member is absent. Since you are present your wife can not attend the meeting.