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John Fernandes (staff)     29 June 2016

cooperative housing society

In Mumbai, a CHS for more than 55years was made up of Catholic members as the building was constructed with that intention. However now one of the members has taken token money and intends to carry on with the sale to a member who is non Catholic Secondly, a member of the CHS had expired more than 40 years ago. Some of his children too have expired, while two are living. However the names of the grandchildren (offspring of the expired children) and the names of the surviving children are appearing as members of the CHS. Is this permitted? Thirdly, if a member of CHS expires, does the spouse and child have equal rights, if nomination papers are missing?


Learning

 2 Replies

John Fernandes (staff)     29 June 2016

Error of omission: can the CHS prevent sale to non Catholic from taking place? GF

JustAdvisor (IT)     30 June 2016

read Zoroastrian Co-operative HSL vs District Registrar Cooperative Societies and others. If your bye laws provide for such restrictions, they may be enforceable. however there may be conflicting opinions especially when it comes to fundamental rights in the COI. you are advised to consult a very able counsel in Mumbai and show your bye laws and other relevant documents for a considered opinion.

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