Buying, inheriting or modifying a home within a cooperative housing society (CHS/the Society) can quickly become complicated when paperwork, legal requirements and Society procedures do not align. This week’s questions reflect several recurring issues faced by members, including delays in transferring jointly owned flats after the death of family members, the Society's demand for unnecessary documents, disputes over survivorship rights in jointly owned property and confusion over maintenance liability after the amalgamation of multiple flats.
Many of these situations arise because CHS members are unsure about what the law actually requires
versus what the managing committees informally insist upon. Others stem from a lack of transparency in the Society decisions—especially in matters such as redevelopment, amalgamation or transfer of ownership.
Transferring Jointly Owned Flat after Parents’ Death
Question: My parents (father and mother) were joint members of the CHS, with my father as the primary member. My father passed away 32 months ago, and my mother 11 months ago. The CHS managing committee has been asking me to streamline the membership by transferring it to me, as I am the registered nominee. My questions are:
A) What happens if I do not transfer the membership to myself within 12 months of my mother's death?
B) Can the CHS raise any issue if my last three years’ ITRs show a nil return? According to the secretary, I need to submit the previous three ITRs along with other documentation.
I would also like to mention that I am already a member of the same CHS and, since my father’s demise, I have been regularly paying the service charges for both flats without any default, including repair fund payments.
Answer: You have not mentioned whether you are the only child of your parents. Assuming you have siblings, to transfer your parents’ flat in your name, all your brothers and sisters (the children of your parents), together, have to make a release deed on ₹500 non-judicial stamp paper bought in your name. They all will be the releasors and you will be the releasee in this release deed. A release deed is also called a ‘relinquishment deed’. If you are the only child, then on ₹500 non-judicial stamp paper bought in your name, you will make a declaration deed.
Whether you execute a release deed or a declaration deed, it must be registered with the sub-registrar of assurances. The registration charges are ₹1,000. With a copy of the release deed or declaration deed and its Index-II (of the concerned flat), your Society will transfer your parents’ flat into your name when you submit these documents along with the membership form in Appendix-2, the declaration in Appendix-3 on ₹500 stamp paper, and your nomination form in Appendix-14.
The Society cannot insist on your ITRs for transferring the flat in your name. However, it may want to know your monthly income to check whether you can discharge all the present and future liabilities to the Society (Check Appendix-2, which has a declaration to this effect). The transfer is based on legal ownership documents, not on income-tax returns.
Transfer of Jointly-owned Flat after Co-owner’s Death
Question: I jointly owned a flat with my maternal aunt in Naigaon (West). My aunt passed away on 30 April 2024. I am the first owner of this flat and she was the second owner. My aunt was unmarried and died intestate. Since 50% of the share certificate was in her name, I have been asking the Society to transfer it wholly in my name. They are uncooperative and have asked for a succession certificate and Index-II which, I believe, is not required since this is self-acquired property and not ancestral.
As I now live in Faridabad, Haryana, the managing committee members are taking advantage of the situation and harassing me. As the surviving joint owner and the first owner, I believe the shares should automatically vest with me. I wish to sell this flat at the earliest once the share certificate is fully transferred to my name. Please clarify the legal position.
Answer: Since your joint flat-holder who expired was unmarried, you should make a declaration deed on ₹500 non-judicial stamp paper bought in your name and register this declaration deed with the sub-registrar of assurances office. The registration charges are ₹1,000.
With a copy of the declaration deed and its Index-II (from your sale deed), your Society should transfer your joint ownership flat into your sole name. If your CHS insists on a heirship certificate from the court, kindly make a complaint against the Society to the deputy registrar of cooperative societies.
Maintenance Liability after Amalgamation of Two Flats
Question: Two members of our CHS have amalgamated their flats (one had two 2BHKs and the other had two 1BHKs) after obtaining permission from the BrihanMumbai Municipal Corporation (BMC). For payment of monthly maintenance, they pay maintenance for only one unit. The amalgamation took place when they were committee members. After amalgamating the flats, they also got a refund of the extra maintenance fees paid earlier.
The BMC’s permission was contingent upon a no-objection certificate (NOC) from the Society. However, the matter of seeking BMC approval and taking a refund of excess maintenance was not reported in the general body meeting. An aggrieved section now wants the NOC to be annulled retrospectively and wants both members to pay maintenance for two units each. What is the correct interpretation of the law in such cases?
Answer: Amalgamation of two flats into one should be done by the same owner(s) of those flats by executing an amalgamation of flats deed and registering it with the sub-registrar of assurances.
(1) Amalgamation of Flats Deed
If the flats are not in the name of the same person, then both flat-owners must jointly execute an amalgamation of flats deed, pay the necessary stamp duty and register it. This must be done even if the owners are husband and wife, siblings or father and son. If such a deed has not been executed so far, it can still be done now.
In the amalgamation deed, the parties must mention the area of each flat, the share certificate number and distinctive numbers and state that in the newly created single flat, they will be joint owners in proportion to their earlier shares. The Society will then cancel one of the share certificates and record the details on the remaining share certificate, adding the second person as an associate member.
(2) BMC Approval
After obtaining permission from the Society, the member must obtain approval from the BMC’s building proposal department through a BMC-approved architect. The approved plan must show the two flats combined into one, with one kitchen and the second kitchen converted into a store, dining or study room. Toilets of both flats may remain.
The architect must provide two certified copies of the approved amalgamation plan to the Society—one for submission to the BMC’s property tax department and the other for the Society's records to update share certificates.
(3) Society Dues for Amalgamated Flats
Society dues must be charged as per Bye-laws 65 to 71 (2014 version):
• Property Tax
• Repairs & Maintenance
• Sinking Fund
• Lease Rent
• Non-Agricultural Tax
These are to be charged based on the total area/dues of the two earlier flats combined. All other charges are levied flat-wise, irrespective of area.
(4) BMC Property Tax for Amalgamated Flat
With the architect’s covering letter, certified copy of the amalgamation plan and copies of the earlier two property tax bills, the Society should write to the assistant assessor & collector of the BMC ward office to request that property tax be issued for one flat instead of two.
If the Society receives a single consolidated property tax bill, it should mark the two merged flats in red ink on a photocopy and attach it to the application.
NOTE
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Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
