Cooperative housing society (CHS/the Society) members often face practical challenges that lie at the intersection of legal procedures and everyday governance. Whether it is updating ownership records after a registered transaction, accessing key documents held by the managing committee, or addressing disturbances on the Society's premises, clarity on rights and processes becomes essential. While many of these issues may seem routine, they can escalate if not handled properly. This week’s queries address such situations and outline the appropriate steps members can take to safeguard their interests.
Transfer of Ownership after Gift Deed: Procedure for Society Records
Question: I have registered a gift deed for an apartment in a CHS at Dahisar West, Mumbai. It has been registered with the sub-registrar’s office by paying applicable duties and 1% metro cess as stamp duty. This gift deed is for the transfer of my father’s share (secondary holder) to me, the first holder. What is the procedure for adding this to the Society's records?
Answer: Your gift deed executed by your father in your favour for your jointly owned flat is in proper order. Now you are the sole owner of the flat.
Give a copy of the gift deed and its Index-II to your Society, along with the following forms from the Society’s bye-laws book, to record you as the sole owner of the flat. Submit all the forms along with the documents in a file with a covering letter addressed to the secretary of your Society:
- Membership form in Appendix-2 (in two copies, printed on ledger paper)
- Undertaking on ₹500 non-judicial stamp paper in Appendix-3, stating that the flat will be used for residential purposes only
- If you do not have any income source, then any family member should execute an undertaking on ₹500 non-judicial stamp paper as per Appendix-4
- Nomination form in Appendix-14, in three copies
- Copy of the gift deed and its Index-II
- Original share certificate of the jointly owned flat
After transferring the shares in your sole name on the share certificate, the Society will return the share certificate to you within 30 to 45 days.
You will need to pay ₹100 as membership application fee and ₹500 as membership fee by crossed cheque in the name of the Society. Ensure that all society dues are paid up to the date of submission of the application.
Access to Society Records: What Can Members Do if Documents Are Withheld?
Question: I have been requesting the Society to show and provide copies of the following documents:
- Approvals from the BrihanMumbai Municipal Corporation (BMC)
- Parking drawings
- Correspondence with the builder and an adjacent building to whom parking has been allotted
- Legal opinion obtained with respect to parking allotment
The Society repeatedly asks for the required documents but refuses to produce them, even after entries in the Society's complaint register. Unless the managing committee has done something improper, why are they refusing to show the Society documents to a member? Please advise.
Answer: If your Society is not responding, then with photo copies of your correspondence with the managing committee, under bye-law no. 174(A)(xxii), make a complaint against your CHS to the deputy registrar (DR) of cooperative societies.
When you make a complaint to the DR, you have to be very persuasive. After 15 days of your complaint, if you do not receive a reply, then with a copy of your complaint to the DR, file a right to information (RTI) application with the public information officer (PIO) of the DR office, asking for information on the action taken on your complaint.
If you receive a reply from the PIO stating that no action has been taken, then make a complaint against the DR to the higher authority, such as the district deputy registrar (DDR), with copies of your earlier complaint attached. Simultaneously, you may make a Lokshahi Din complaint against the DR to the district collector.
In this way, you will be able to obtain the documents of your Society. If you find any irregularities in the Society’s documents, you may seek further guidance for appropriate action.
Nomination vs Legal Ownership: Validity of Membership and Committee Election
Question: One of the Society members (family) is involved in arguments and non-physical fights with an outsider (family), which has created a nuisance on the CHS premises, as the outsider enters the Society and engages in loud arguments. Fortunately, no physical fight has taken place so far.
As the Society members, we do not want this to be repeated, as such situations may escalate into physical fights. What steps can we take against our own society member? We have already met with them and asked them verbally not to repeat such behaviour and to resolve their issues outside the Society premises, failing which we may report the matter to the police.
Another concern is that the same member may have similar arguments with other Society members in the future. What steps can we take under CHS rules to avoid such situations?
Answer: Make a written complaint to the managing committee of the Society about such nuisance being created by that member and outsiders in the CHS premises.
The managing committee should issue a written warning to that member, instructing them not to repeat such behaviour and to ensure that no outsider creates disturbance in the Society.
If such incidents are repeated, the Society can take action under the bye-laws for nuisance and also restrict entry of such outsiders who create disturbance.
If the situation escalates or there is a threat of a physical fight, you may file a complaint with the police to maintain law and order.
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
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.)
