Friday, 18 November 2011

Rights of associate member in a CHS

1. Under Sec 27[2] of Maharashtra Co-operative Societies Act, an associate member is entitled to attend the meetings of the general body of the society in the absence of the member.

2. As per Bye-Laws No.34 of the Model Bye-Laws approved by the Registrar on 13/03/2009[Marathi version] and  24/12/2010 [English version], if a property is jointly purchased by a member and an associate member, on the death of the member, only the portion of the property owned by the deceased member can be transferred to his nominee/ legal heir. The share of property owned by the associate member remains intact.Thus the new Model Bye-Laws recognize the rights of the associate member in the property of the society,if the property is jointly purchased by the member and the associate member.

3.As per Bye-Laws No.118[v], an associate member[only joint owner] can contest election to the managing committee after submitting a no objection certificate issued by the original member. Specimen of the no objection certificate is given in appendix-10A in Bye-Laws.   

12 comments:

  1. i am not the owner of the property.it in my mother name. can i do all society corespondence on her behalf

    ReplyDelete
    Replies
    1. NO. You have to first make application for Associate Membership as per appendix-7[under the Bye-Law Nos. 19B & 19C]by giving Rupees 100/- as entrance fees. If MC of society accept it and General Body of Society approve it then you become Associate Member of that property then you can do correspondence to society on her behalf but you can not take part in Society election and not become member of MC of society

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  2. Dear sir,
    After the death of my father, being nominee my mother became owner of the flat and her name was entered in the society records accordingly.
    My mother has given her nomination form to society consisting the names of all the three brothers.
    My name is first being elder son. My yonger brother who is staying with my mother his name is 3rd in the nomination form.
    My query is can he take part in society elections & can hold any post in MC ?
    Please reply.

    ReplyDelete
    Replies
    1. If his age is 18+ year then he can become Associate Member. Then he can only attend only society AGM/SAGM. He can not take part in elections & can not hold any post in MC.

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  3. NO. HE HAS TO BECOME ASSOCIATE MEMBER AS PER BYE LAWS.

    ReplyDelete
  4. Bye law 25 contradicts bye law 118 and gives ONLY ONE RIGHT I.E. to attend GBM if Original Member is not present.

    ReplyDelete
  5. Sir,
    I have been part of the Redevelopment committee, suddenly the committee has stopped sending notices as there was some opposition from my end for the shortlisted builder, pls guide how to take up the matter.
    Also my appointement was cleared by the SGBM, but my name the only issue is that my name is not mentioned on the Share Certificate.

    pls guide me how to tackle the situation.

    ReplyDelete
  6. As you are appoint a member in redelopment committee by SAGM so you have attend all meeting related to redevlopment. I assume that you are associated member. For redevlopment first you have to follow process as per 03/01/2009 circular issued by co op. Dept.

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  7. Hi Sir,

    Have a query, in the event of the demise of the member, the property gets transferred to the associate member (the flat has been jointly owned by them for over 8 years). Does the MCS Act 1960, prohibit the sale of the said flat by the associate member before the one year period.

    ReplyDelete
    Replies
    1. How Property get directly transfer to joint owner . Yes MCS Act prohibit to transfer the share certificate before one year.

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  8. Dear Sir

    My query is in relation to a flat in which mother's name is second in the CHS my brother's name first. I have paid the maintenance for this flat for the last 11 years and can ask my bank to give statements to confirm, the society's accountant may also confirm the account from which they receive cheques. I have also paid 50 percent money towards the acquisition of this flat but I am not a member due to my parent’s negligence or their straightforwardness whatever. I need to know what are my legal rights in this CHS flat.

    Yours faithfully Rajendra Mehta

    ReplyDelete
    Replies
    1. I am sorry to inform you that though you have paid maintenance of flat but you have no legal right in the flat. Reason your name is not in registered Agreement so it is not reflect in share certificate.

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