Saturday, August 2, 2014

Maharashtra Co-operative Societies Act, 1960

DOCUMENTS TO BECOME A JOINT-MEMBER
I am an associate member in our family's flat. I will be thankful to you if you can let me know the e procedure and documents required to become a joint-member. I have a brother and a sister. The flat is in the name of our mother.

There is no concept of a joint member under the Maharashtra Co-operative Societies Act, 1960. Under the Act, an associate member means a member who holds jointly a share of a society with others but whose name does not stand first in the share certificate. Such associate members may or may not be co-owners of the flat.
However, if you are not a co-owner and you wish to become a co-owner of the flat and your mother is willing to give a share in the flat to you, she can transfer part of the flat to you by different modes such as sale or gift. You have mentioned that the flat is 'our family's flat'. It is not clear what exactly you mean by that, however, it indicates that your brother and sister may have some claim to the flat. In such a case, your brother and sister can be confirming parties to the transfer to ensure that they do not lay claim to the share in the flat transferred to you.

CONDOMINIUM ISSUES
I am a member of a condominium society at Prabhadevi. I have lot of grievances with the MC of societ ty, such as: 1. Letters not replied.
2. AGM not held.
3. Draft minutes not prepared of any imp meeti ings.
4. Annual audited acct statements not circulated. PIC: PRITI V MISTR 5. Office staff are used as personal servan nt by members of MC I wish to take this matter to competent authority for such condominium matter rs such as registrars in co-op housing societies. I would be glad if you can guide me with contact address, email and contact number of the concerned authority.
In case of a co-operative society, the disputes are generally referred to the Registrar appointed under the Maharashtra Co-operative Societies Act, 1960 or to a Co-operative Court depending on the nature of the dispute. However, in case of a condominium, the court having jurisdiction over the area in which the condominium is located, can hear disputes relating to the condominium.
Therefore, in Mumbai, the City Civil Court would have jurisdiction with regard to such matters. Queries have been fielded by advocate Rajan R Hiranandani. Readers interested in posing legal queriees related to CHS matters should write in to mumbaitimesproperty@gmail.com. Queries should be sent on nly via e-mail and will only be answered through this column. Please allow for a few weeks, for a rep ply. For the purpose of brevity, it may be difficult to answer every query posed.
However, most pertinent ones will definitely be addressed. Kindly check the paper for the same.

Please note that given the complexity of legal issues, the facts supplied by readers through their letters are invariably tentative and incomplete. The answers given are in the nature of guidelines. Before taking any concre ete steps, readers should seek legal opinion.

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