Members flout CHS rules for Transfer

the flat is the property of the member. he may create a third-party interest (including selling) in respect of the same. but since the flat is in the society and he has a membership in the society, he cannot transfer this membership without society's consent.

also, since he is not occupying the said premises (i.e. the premises are occupied by some other person unknown to the society - since society is not informed of the said transaction, nor is membership transferred), the Society can impose Non-Occupancy charges on the said premises, which can be recovered as arrears of land.... as a result of which, the member will be compelled to transfer its membership.

IF the Co-Operative Housing Society is a registered society and the Managing committee lawfully elected in accordance with the Model Bye-Laws, as well as the conveyance deed is executed in favour of the CHS, then ONLY the question of Share transfer arises. More often than not, the Managing committe is not elected lawfully in accordance with the Bye-Laws, nor is the conveyance deed executed in favour of the CHS. In such cases, there is no moral, ethical nor legal authority to come in the way of a sale transfer. Membership in such CHS is just on paper without real meaning.

It is suggested that Managing Committee members deals with such situations with diplomacy and friendship, since the Managing Committee isnt the owner nor the allocator of Ownership Flats.

Dear Gleeden Dias,

Kindly provide the necessary law under which

1) The Managing Committee becomes the owner or the allocator of Ownership Flats (as stated By you )

2) If the conveyance deed is not executed in favour of the CHS, Share certificates and transfers cannot  be issued or executed.

Since you are still a student or even otherwise please do not make such absurd statements without studying the relevant laws. - you will be doing a disrepute to your profession.

Rgds

Shashikant Madkaiker