Amol (Manager) 03 February 2015

Maharshtra co-op act -associate member

I need your guidance on following:-

In 1984 my mother purchased the flat in CHS Thane (Maharshtra) by her own name and become member of the society.She was also in member of committee for some time.

However,in 1992 with written request to secretary/chairman she asked for my father as an associate member.The MC and AGM passed the resolution and made by dad as an associate member.Also my mother gave written consent that my father be no. 1 at share certificate and she at no. 2 accordingly share certificate changed and she requested so that my father can take part in election and become office bearer. From that period to now my father is MC and duly elected time to time also remain secretary for some time.

Now in 2014 some members have taken objection that my father can not be in committee as original flat purchase agreement is in the name of my mother only (though after written request of mother my dads name put in share certificate for no. 1) .Therefore he is not eligible for MC and lodged complaint at Dy registrar.

Please guide, whether my father be MC.

Reply Follow

1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 04 February 2015

From whatever you have stated here the case has become very complicated. I think that in the original stamped purchase deed only your mother's name was there as the transferee and thus only your mother's name was entered in the share certificate. Now with all the things done by the Society and your parents your father has become the first named person on the share certificate. Thus your father has become owner of the flat without a transfer deed, gift deed or payment of stamp duty. Thus this becomes a case of back-door entry evading payment of stamp duty. The Society members who have complained to the Dy. Registrar are right.