1.
Under
Section 29[2][a] of the Act , member has to hold the shares for
minimum 1 year before he/she transfers his/her shares. That is he/she
cannot sell his/her flat before 1 year.
2.
The above
rule is not applicable to the nominee/ legal heir or any one
who become members due to Court Order .
3.
Under
Rule 24[i][b] of the Maha. Co. Operative Society Rules,1961 any member which
intends to transfer his/her share in a co-op housing society has to give
minimum 15 days notice to the society together with the consent of the proposed transferee.
4.
After
receiving this notice this notice has to consider by managing committee
within 30 days from the received date and if the member is
ineligible to transfer his/her shares it has to be communicated to
the member through secretary within 8 days of the decision taken on notice.
5.
If any member has demanded No Objection Certificate from the society for transfer, the responsibility of the chairman/secretary is to approve the same and if it is not possible to issue NOC then the reasons for it should be communicated to the member within eight days.
6.
For transferring the membership to the nominated heirs/persons after the death of
the member, the managing committee should proceed as per the provisions in Rule 25
of section 30 of
the Co-operative Act.
7.
It is necessary to take a
decision within three months on receipt of the application for transferring the share and the decision should be communicated.
8.
If Society has not taken any decision within the 3 months stipulated period as per provision in Section22(2) and society has denied such application there is a provision to appeal before the Register u/s 23(2).
9.
If Society does not accept the application of transfer from member, the member can make application to the Society through Registrar of Co-operative Societies.
10. It is obligatory on the part of the Society to take a
decision within 60 days on such
application received from the Registrar.
11. For transfer of flat, the member has to produce necessary legal documents according
to Bye- law No.38(E).
12. It is necessary to deposit admission fee, transfer fee and transfer premium along with transfer application.
13. Amount of Premium shall be maximum Rs.25,000 similarly it shall be Rs.25,000 or
the amount which was approved by the General body meeting
of the society whichever is less. The said provision is applicable to all the flat and plot owner’s of
society.
14. Transfer premium is not necessary for deceased member, mutual transfer among two members of the society or transfer among family members.
15. Society will provide no objection certificate if demanded by member to produce the same for the loan from the financial agencies. If society is not able to give such certificate of N O.C, they have to inform concerned person in writing within 15 days.
16. If the Society refuses to issue N O. C. then member has a right to seek justice from three members committee or making an application to the Registrar.
17 Registrar of Co operative Societies will give his verdict on the applications regarding NOC received against the decision of the society after hearing all concerned. Such verdict shall be binding on society and member. All the above provision are applicable to flat, tenement, shop, bungalow/ plot, garages etc.
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