Sir, my brother and i had jointly purchased a flat in navi mumbai. But society has not mentioned my name as a joint owner in Share Certificate issed by the society as per the sale agreement which states both of us as the purchasers. Even after submitting the proof of sale agreement society is not rectifying its mistake by mentioning my name in share certificate.After four months of delay ,society is now insisting me to get Indeminity Bond / NOC from my brother to mention my name in share certificate even after this is not the procedure of name addition but only rectification in share certificate as per the jointnames of purchasers mentionedin agreement .kindly help.
I C Naik
The process of acquiring membership of a Housing Society is not understood by many. They are not aware of the criticality of membership. Confusion starts with the definition of member. As per Section 2 [the MCS Act 1960 ](19) (a)
“member” means a person joining in an application for the registration of a cooperative society which is subsequently registered, or a person duly admitted to membership of a society after registration and includes a nominal, or associate member;
In most housing societies there are two types of members: Member and Associate member. Nominal member is found where a flat is occupied as a Licensee under an agreement with the flat-owner. Member is called original member or main member as per context. Where in any provision the term member is used, that provision should apply to all types of members, which is not practical. Not many persons are aware that without submitting an application for membership in the prescribed form no membership can be conferred. Read ….
“Rule (the MCR 1961)19. Conditions to be complied with for admission for membership, etc:- No person shall be admitted as a member of a society unless,—
(i) he has applied in writing in the form laid down by the society or in the form specified by the Registrar, if any, for membership;
(ii) his application is approved by the committee of the society in pursuance of the powers conferred on it in that behalf and subject to such resolution as the general body of members may in pursuance of the powers conferred on it in that behalf from time to time pass and in the case of nominal, or associate member, by an officer of the society authorised in that behalf by the committee;”
In your case as your brother being one of the joint owners has been admitted to the membership, now you can apply for Associate membership by submitting an application in the form appended to the registered bye laws of your Housing Society .
Once you complete the procedural obligation of a person seeking membership the Society has to attend in a time bound manner and as per set procedure. It cannot be ruled out that the Management Committee is also not well aware about this. The issue of name in the share Certificate is part of a larger issue of membership. Unless your name does not appear on the share certificate you are not a member of the Society
