Maharashtra Co-op housing society Act

 You say:

1. Housing society has not been formed/regd.

2. Builder is maintaining it.

3. Names have been regd in share certificate.

4. What is the position of the builder? Is it a private limited company? Did it issue any share certificate in the name of your father. You are not a shareholder, society is not regd. What kind of share certificate is this? Where is the question of transfer.

5. Please give sequence of events.

Dear Mr. Agarwal,

Thanks a lot for your prompt response.I am clarifying the points raised by you one by one.

This is a housing society of bungalow plots formed as back as 1948 & was duly registered. Till the death of our father in 2006, he was looking into all the matters.  I am therefore giving the entire sequence of events chronologically, as I learnt after his demise, 

Society is right.  It will correspond only with the person whose name appears first in the share certificate. Bank also does the same when it is a joint account. 

Dear Mr Agarwal,

Thanks a lot for your response.

My name is second on the share certificate & I appreciate that the society will do correspondence in the name of my brother.However my real anxiety is as under,

The society is now in the process of doing Lease Deeds with members for the individual plots.In order to avoid any future problems in succession etc, I desire that both our names should appear in the following documents,

1) The main body of the Lease agreement 2) The Index II 3) The Stamp Duty payment franking receipt 4) The Registration Fee payment receipt & 5) the Agreement summary on the last page.

I'll appreciate if you could kindly guide me about the legal importance of each of these documents to avoid future problems.

Thanks again,

Suresh

Dear Mr.Agarwal,

I''ll appreciate to receive guidance on my last message seeking advice on care to be taken during executuing of registration of the Lease Deed, so that both mine,as well as my brother's equal share is well recorded to avoid future succession problems.

Thanks,

Suresh

The society's work is over when it issued the share certificate in both the names as per nomination form. Nominees are only trustees for all the legal heirs and do not become owners of the property by virtue of share transfer.

If the property is to be registered in the names of all surviving legal heirs, go to a court to get your rights. Society has no right, even if all legal heirs give NOC, to get the lease property registered in anybody's name, nominee, will, agreement notwithstanding.

Dear Sir/Madam,

I am leaving in Apartment on top floor (6th Floor). Our Society members has decided in meeting and locked the terrace by saying that no one can use the terrace for any private use.

We are using the terrace for take a walk at night or in the morning.

Is the rule made by the society is upto the law?

Is the society rules has not grab our freedom of using open space of the building for which we have paid the maintainance fees?

Also, I have one more query.

In opposit of my flat, the uncle is smoking to much, but the smell is coming through windows or doors in my home. I have baby (7 months) in my home and also facing the problem of breathing. Is there any law for this?

Could you please advise on the above?

Thanks and Regards,

Vinayak Thakar

You can't do a thing about smoking. Forget it.

Has the General Body passed any resolution about not using the terrace for private purpose?

Myself and my spouse are joint owners of a flat.Society is issuing share certificates for our flat .The share certificate should be in my name or should also include my spouse name?

we are two persons joint holders of a flat in a CHS, mumbai. As the second holder in the share certificate does not have a status of member of CHS, can he/she be nominated as a first person in the CHS nomination form. secondly, if one offspring is to be included as a second nominee can both the nominee so nominated be alloted 100% of paid up share of CHS in accordance with the rule 25 of MCS RULES 1961.

Pls. throw some light in detail on the nomination process under the BYE-LAW NO.- 32. and the legal importance of will or proof of heir certificates over the CHS NOMINATION FORM.

regards,

Joint holder means, the second one is an Associate Member for the purpose of society matters. Inheritence is totally different matter. How is it that being joint owners, the name of the second holder does not appear in the Share Certificate?

Suppose you are in the society, what will you do? Correspond with both the persons whose names appear in the share certificate?

procedure for handing over from outgoing committee to incoming committee. can incoming secretary can call special general body meeting if outgoing secretary refuse to sign the resolution of New Office bearers

If the Dy. Registrar is in his pocket, he can do anything.

Dear All, My mother was second name joint holder with me in our flat. She expired in July 2011. No nomination was filed by us regards the flat. I submitted to society informing her death and gave death certificate. The society says that they need afidavit from legal heir and a indemnity bond. Is this correct? Please advise. Tx.

You are the trustees of other legal heirs of your father, if there are any more legal heirs then you need to have release deed done on your favour register it submit it to society and have then yours names accordingly in the share certificate, if none then give declaration and indemnity bond to the society.