Tenant owner
Prakash S. B.
(Querist) 14 March 2018
This query is : Resolved
Respected Sirs,
I need clarification on the following issues:
1. A Housing Society, registered under the Maharashtra Co-operative Societies Act, 1960, purchases a plot of land and becomes the absolute and exclusive owner of that land in terms of the Conveyance Deed executed by and between the said Housing Society and the Sellers/Owners of the said land. The said Housing Society subsequently constructs six Buildings on the said land.
2. A person purchases and occupies a flat in one of the said Buildings in terms of the Agreement entered into with the Seller of that flat. The Purchaser of the flat becomes a member and shareholder of the said Housing Society on completion of all necessary formalities.
IN THE ABOVE CIRCUMSTANCES,
(1) WHETHER THE PURCHASER IS AN EXCLUSIVE AND ABSOLUTE “OWNER OF THE FLAT”?
(2) WHETHER THE PURCHASER IS AN EXCLUSIVE AND ABSOLUTE “TENANT OWNER OF THE FLAT”?
(3) WHETHER THE PURCHASER OF THE FLAT IS MERELY A “TENANT OF THE HOUSING SOCIETY”?
(4) WHETHER THE PURCHASER CAN BE SAID TO BE: “IN FULL POSSESSION OF THE FLAT”?
(5) WHETHER THE PURCHASER CAN BE SAID TO BE: “IN FULL POSSESSION OF THE FLAT JOINTLY WITH THE HOUSING SOCIETY”?
Thanking you,
Sincerely,
Prakash S. Bankeshwar,
Hon. Secretary,
Aaram CHSL, Vakola, Mumbai - 400 055
Kishor Mehta
(Expert) 15 March 2018
The terms, conditions and covenants of the Conveyance deed play an important part to satisfacfactorily reply your query. If the Conveyance of the plot of land stands in the name of the Society and you are a share holder then you are an allottee of the flat, holding the flat by virtue of being a share holder, and not an absolute owner of the flat. The absolute ownership of the entire property rests with the Society.
Kishor Mehta
(Expert) 15 March 2018
The terms, conditions and covenants of the Conveyance deed play an important part to satisfacfactorily reply your query. If the Conveyance of the plot of land stands in the name of the Society and you are a share holder then you are an allottee of the flat, holding the flat by virtue of being a share holder, and not an absolute owner of the flat. The absolute ownership of the entire property rests with the Society.
Dr J C Vashista
(Expert) 16 March 2018
Q 1. Yes, the purchaser/ title holder is absolute owner and possessor in the given circumstances.
Q 2 & 3 No, the purchaser is not the tenant of the Society since Society itself was title holder of the plot of land who was just facilitator of its members for construction, allotment and handing over possession of flat(s) to individual member. The purchaser is not on lease & licence.
Q 4 The question of possession shall differ in each case i.e., if the flat is self occupied s/he is in actual,physical and constructive possession, if the flat is given to some relative/acquainted/friend s/he is in actual and physical possession, similarly if the flat is rented out the tenant is in actual and physical possession.
Show the document of Conveyance Deed to a local prudent lawyer.
I am practicing in Supreme Court and Delhi High Court, if you feel like, you may send the copy of documents at my email: majjagdish@yahoo.com
Dr J C Vashista
(Expert) 16 March 2018
Besides this, I am the President of a Cooperative Group Housing Society for the last 6 years, which situated in Dwarka, New Delhi and Delhi Cooperative Societies Act, 2003, which has been borrowed from Maharashtra Cooperative Societies Act, hence I have adequate working knowledge/ specialisation on the subject matter(s) concerning Cooperative Societies.
Kumar Doab
(Expert) 22 March 2018
You can benefit from the above advice's
Kumar Doab
(Expert) 22 March 2018
GO thru;
Model Bye Laws;
3. xxiv. "Member" means a person joining in an application for the Registration of a Cooperative Housing Society which is subsequently registered, or a person duly admitted to Membership of a Society after Registration and who holds the right, title and interest in the property individually or jointly;
https://sahakarayukta.maharashtra.gov.in/SITE/PDF/Rules_Acts_Bylaws/Model_Bye_Laws_of_Coop_Housing_Society_New_Flatowner_Type_(2-9-14)%20(1).pdf
Kumar Doab
(Expert) 22 March 2018
THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT
THE MAHARASHTRA CO-OPERATIVE SOCIETIES RULES, 1961
10. Classification and sub-classification of societies.—(1)(5)
https://mahapanan.maharashtra.gov.in/Site/Upload/GR/MCS%20Bare%20Act%20and%20Rules.pdf
Kumar Doab
(Expert) 22 March 2018
The members have right to occupy, transfer and the rights are inheritable..
