Visariya Sir,earlier I have read your many posts on Bighelpers regarding associate member. You only first time said that there are two types of associate members. 1. second or third named person in agreement who has right in the property(joint owner) and 2. one who becomes associate member by paying Rs.100/- as entrance fee. Now it is clear for me that 2nd type of member cannot take part in election as he has no right in the property. Now still confusion in my mind that whether this 2nd type associate of member can attend AGM of the society? Secondly on the death of the original member we have transferred the shares and interest of deceased person in the name of NOMINEE as per provision of Bye Laws and MSC Act. and admitted him as a member of the society Now whether this nominee member can contest election of attend AGM? I am not able to get the correct answers of the above as some knowledgeable persons say that Nominee, even though he is member of the society cannot attend AGM or contest election as he has no right in the property. He is only guardian or care taker on behalf of deceased member. Now please tell me 1. Whether second type of Associate Member can attend AGM? 2. Whether nominee can contest election of attend AGM? You only can answer my queries . Thanks and regards.
1. second type of associate member has right to attend AGM provided first/original member is not attending AGM 2. After death of member when share certificate is transfer to nominee by society. Then nominee become member of society he can attend AGM , can contest election.
In our building society is installed mobile tower. building had no oc.now land owner take objection conveyance not done now society have rights to install mobile tower without land owner permission
Chairman of our society has submitted his resignation. He wants to resign from post of Chairman as well as from post of Managing Committee Member. In your reply to one of the posts in last September you said that Chairman is like PM and if he resigns from post of chairman and also resigns from committee membership entire committee has to resign. Sir, I want to confirm this. This is something new for me. Is it applicable to secretary also? Is there any procedure to accept the above resignation as per State Co-operative Election Authority or New Election Runes? Please guide.
Now you have to inform the State Co-operative Election Authority about resign of any MC members. After that they will do process to elect new member in MC.
Visariya Sir, Flat is in the name of Husband and Wife. Son is nominee as per nomination registered with the society. The owners have taken Housing Loan from a Bank. Society issued NOC to avail the said loan. Two months back wife expired. Son applied society to transfer his mother’s proportionate share in his name and admit him as a member of society after completing the formalities of the society as per Bye-Laws.. Father’s consent also obtained to admit son as a member. Certified copy of death certificate submitted. Society transferred proportionate shares of mother in the name of son and admitted member in place of his mother. A undertaking obtained from son saying that he is aware of the housing loan availed by his father and mother and also take equal responsibility for repayment of the same. Society also informed the bank saying that proportionate shares of mother transferred in the name of son as per Bye-Laws and MSC Act enclosing the copy of son’s undertaking and death certificate. Society also confirmed the LIEN of the Bank on the flat. Has society done correct? Or please tell correct procedure as Bank Loan is involved.
Visariya Sir,earlier I have read your many posts on Bighelpers regarding associate member. You only first time said that there are two types of associate members. 1. second or third named person in agreement who has right in the property(joint owner) and 2. one who becomes associate member by paying Rs.100/- as entrance fee. Now it is clear for me that 2nd type of member cannot take part in election as he has no right in the property.
ReplyDeleteNow still confusion in my mind that whether this 2nd type associate of member can attend AGM of the society?
Secondly on the death of the original member we have transferred the shares and interest of deceased person in the name of NOMINEE as per provision of Bye Laws and MSC Act. and admitted him as a member of the society
Now whether this nominee member can contest election of attend AGM?
I am not able to get the correct answers of the above as some knowledgeable persons say that Nominee, even though he is member of the society cannot attend AGM or contest election as he has no right in the property. He is only guardian or care taker on behalf of deceased member.
Now please tell me
1. Whether second type of Associate Member can attend AGM?
2. Whether nominee can contest election of attend AGM?
You only can answer my queries .
Thanks and regards.
1. second type of associate member has right to attend AGM provided first/original member is not attending AGM
Delete2. After death of member when share certificate is transfer to nominee by society. Then nominee become member of society he can attend AGM , can contest election.
Thank you Visariya Sir for valuable information.
ReplyDeleteIn our building society is installed mobile tower. building had no oc.now land owner take objection conveyance not done now society have rights to install mobile tower without land owner permission
ReplyDeleteNo. Society have to rights. Society has to take NOC from Land owner and also take OC from local body
DeleteChairman of our society has submitted his resignation. He wants to resign from post of Chairman as well as from post of Managing Committee Member. In your reply to one of the posts in last September you said that Chairman is like PM and if he resigns from post of chairman and also resigns from committee membership entire committee has to resign. Sir, I want to confirm this. This is something new for me. Is it applicable to secretary also? Is there any procedure to accept the above resignation as per State Co-operative Election Authority or New Election Runes?
ReplyDeletePlease guide.
Now you have to inform the State Co-operative Election Authority about resign of any MC members. After that they will do process to elect new member in MC.
DeleteVisariya Sir,
ReplyDeleteFlat is in the name of Husband and Wife. Son is nominee as per nomination registered with the society. The owners have taken Housing Loan from a Bank. Society issued NOC to avail the said loan. Two months back wife expired. Son applied society to transfer his mother’s proportionate share in his name and admit him as a member of society after completing the formalities of the society as per Bye-Laws.. Father’s consent also obtained to admit son as a member. Certified copy of death certificate submitted.
Society transferred proportionate shares of mother in the name of son and admitted member in place of his mother. A undertaking obtained from son saying that he is aware of the housing loan availed by his father and mother and also take equal responsibility for repayment of the same.
Society also informed the bank saying that proportionate shares of mother transferred in the name of son as per Bye-Laws and MSC Act enclosing the copy of son’s undertaking and death certificate. Society also confirmed the LIEN of the Bank on the flat.
Has society done correct? Or please tell correct procedure as Bank Loan is involved.
sir i am member of CHS and society has allotted house to me..now i want to erect mobile tower on my house whether i can erect it on my house
ReplyDeleteYou have to take necessary permission from local body.
Delete