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Hemant Kamat (Manager)     03 November 2011

Adding a new member to an existing flat i a society

I would like to know the procedure to add another family member to a flat in a co-operative housing society in maharashtra. The flat already has a first owner and a second owner. Can a third owner be added? If yes, what is the procedure and the costs?

Thanks for your time in advance.



Learning

 7 Replies

AMAR RANU (Legal consultancy)     04 November 2011

Make the third owner of the flat as associate member by applying to the society,if his/her name is not figuring in the registered documents of your flat as one of the owners of the flat.

1 Like

Hemant Kamat (Manager)     04 November 2011

Tanks for the reply. Does the procedure involve only applying to the Society or does it involve registering with any govt agency? what could be the additional expenses?

AMAR RANU (Legal consultancy)     05 November 2011

No additional expenses,no hassles.

Go to your society office,ask for associate member form,pay nomonal fee,after filling, submit the same to your society office back,take receipt and acknowledgement on  xerox copy of the form.

Next society MC meeting,it will be approved,take rectification/endorsement of the same on the reverse part of your share certificate and your procedure is complete.

Happy ending and good luck.

1 Like

Hemant Kamat (Manager)     05 November 2011

Thanks for the clear information.

Sailesh Kumar Shah (Advocate)     07 November 2011

yes, Rightly Guided.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     08 November 2011

CONTRARY TO WHAT THE OTHERS HAVE STATED ABOVE :


1.  Associate membership in a housing society will  .NOT. give any "title-ownership rights", to the third member of the family.   Associate membership is just simply a lawful "representative" in the society and he is only authorised to represent the first registered member, in the society matters only.  Further such Associate membership rights are automatically finished, on the death of the first registered member.


2.  Membership is  .NOT.  equal to  "title-ownership".  A title-ownership has right to sell the property whereas a associate member does not have any right,  whatsoever, to sell the property.


3.  In the case instant,  the first two owners should make a "relinquishment deed"  .OR.  a Gift Deed (stamp duty + regsitered deed) and each should relinquish / gift  17% ratio share to the third family member, thus making him the title-owner of 34% of the property.  In this way each owner will be the title-owner for approx. 33.33% of the property (3 equal parts).


4.  The stamp duty + registration cost would not exceed a total of 3% of the rateable value of the property + applicable legal fees.  There shall be no fees payable to the society, except for "entrance fees of 100/-".


Keep Smiling .... Hemant Agarwal

AMAR RANU (Legal consultancy)     08 November 2011

This depends as to whether the proposed member has to be added as CO-OWNER or mere a MEMBER?

If you want to add him/her as co-owner of your flat then,the procedure as suggested by learned Mr.Hemant Aggarwal is absolutely right and as per law.

If you want him/her as member of the society,then,procedure as suggested by me is proper and as per law as laid down in MCS Act,1960.


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