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Query By (Azhar Khwaja Ahmed Sagri), Date (03 Aug 2022 23:39:10)
Member making false allegations what action can be taken by Society?
A member made false and malafide allegations against the ex society secretary saying he has made fraud of crores of rupees in Society accounts. The aggrieved secretary complained to Dy Registrar and the Dy Registrar after enquiring the matter gave the secretary clean chit. What action can be taken against the erroneous member by the society. Even the Dy Registrar suggested to take action against this wrong member as per Society's Act 1960 and the rules 1961. Please guide in the matter.
Dear Mr. Sagri, Such type of people exists in every society. There are limited / no remedies / byelaws to deal with such situations, however, the Hon Secretary may choose other ways of law such as defamation suit etc.
Query By (Kadakarayandi S. Samuel), Date (14 Jun 2022 12:43:26)
Forms requirements
Which forms/appendix are required to be submitted by a applicant who want to become member of a society on the basis of Probate.
Dear Mr. Samuel, After probate, the applicant has to submit the court order along with following: 1. Membership form 2. Share Transfer Fees 3. Entrance Fees 4. Covering letter
Query By (Ravi Atul Kumar Tiwari), Date (09 Apr 2021 11:04:29)
In our Society member who are joint holders of their respective Unit than each member is nominating to (So & So) 100% share regardless of 50% shareholding each in property. They have perception that 50% share of each member as per agreement is considered to be 100% share of nominee and likewise other joint holders do the same. For example: A & B are joint holders of Flat / Unit so A nominates to C his 100% Share & B Nominates to D his 100% Share. Kindly advise with appropriate procedure and confirm if above is correct or indecorous.
Dear Ravi, The perception of the member is correct. As mentioned by you, there are 2 members jointly holding the flat, hence it is construed that they hold 50% of property share and accordingly they can nominate the person of their choice. While making nomination, the property share of 50% has to be divided / allotted in such a way that it will constitute 100%, so to be precise it is 100% nomination of 50% of property Share. e.g. The nomination share can be 50-50, 60-40 or 75-25 (percent) of the 50% Share of the property of the concerned member or may be more nominees with various percentages but the total of all their shares must be equal to 100% which is 50% of the property share.
Query By (Azhar Khwaja Ahmed Sagri), Date (07 Apr 2021 19:53:26)
Maintenance charges on which area & is Loading as per bye-laws
Dear sir, Background: ZPCSL comprises 211 units. The unit size varies from a carpet area of minimum 482 sq. ft. to up to 3000 sq. ft. The Shops at ground floor and office units from 1st to 5th floor comprise of Small, Medium & Big offices, Clinics, Bank Branches, Diagnostics Centre, Hospitals, Branded & other Luxuriant Restaurants.? Since the formation and registration of our Society, CAM bills are being raised. Initially it was on an ad-hoc basis, however after much deliberations and final advice from the Dy. Registrar?s 'L' Ward Office our billing process is streamlined and is in compliance with society adopted Bye-laws. Our query : However, our? Society wishes to have a clarification on actually which area of the Shops & offices the maintenance is to be calculated viz. which area should be considered for CAM billing purposes. Members - both shop and office unit holders - have purchased from the developer on the basis of per sq. ft. carpet area.? The developer charged the maintenance with a 'loading factor' 100% + carpet area for shops on ground floor; and 65% + carpet area for office units from 1st to 5th floors. ?Now, members would like to know whether Society which is simply following the developer's practice of 'loading' method is as per the bye-laws as when we?checked the definitions of Service charges we could not find proper details on chargeable area.? It is nowhere stated in the bye-laws about the areas on which the maintenance is to be charged.? ?Hence, we seek your guidance in compliance with the bye-laws, the area to be considered for calculating the maintenance charges; and if any 'loading' factor can be applied, by society management? ?
As per your request we have revisited the definitions of Service charges, however, we could not find proper details on area. It is nowhere stated in the byelaws about the areas on which the maintenance is to be charged. Accordingly, it is assumed that the byelaws are silent on this. Hence we are of the opinion that it would be prerogative of the General Body to decide which area to be considered for calculations of service charges.
Query By (SANDEEP NIVRITTI PATIL), Date (06 Apr 2021 17:42:55)
Property Tax on commericial unit
One of the member of Avadh CHSL has following query: He is having commercial unit in CP tank area (charni road). The area of the unit is 200sq.ft. It also has loft of 100 sq.ft. Member would like to know how the PT is calculated.
Kindly see the property tax Annexures on BMC website. you may visit website i.e.
Query By (Faiyaz Sarawalla), Date (26 Jul 2017 16:16:57)
Transfer of Flat
What are the rules for transfering a flat when the flat is in Joint name (Husband & Wife) and the first name member (Husband) expires and the wife ahs applied for getting the flat transfered in her name
There are two issues. Issue Number 1 : Transfer of membership rights. The membership rights get transferred, if the husband has made any nomination.The nominee need to be made the member. If not, the Society may invite application from the legal heirs/ other claimants of the deceased person through news paper publication of Notice. Issue Number 2 : Property rights . The property right of the deceased member will go to the legal heirs. The legal heir may be decided by will, if there is any [ which needs to be probated. ] or through a succession certificate issued by the High Court. If the M C is convinced of the position of the legal heir, for ex. wife of the deceased, the M C may bypass such a procedure of establighing the legal heir through court. However, the M C has to be absolutely clear , and if there be any claimant at a later date, they may face personal legal actions.
Query By (Vijay Bhandari), Date (22 May 2017 18:50:19)
Receipts for Sums Paid
Is a co-operative society legally obliged to issue official receipts signed by the Hon. Secretary for all amounts collected by the Co-op. Society for Major Building Repairs. Can an individual member add this towards enhancement of the cost of his flat?
Yes . Society is legally obliged to issue official receipt signed by any authorised person for all the amounts received and collected by the society, including the amounts collected towards major repairs. Regarding the options available to the individual member to treat this as cost of the flat, the member may be advised to approach his Tax consultant.
Query By (LAIRD FRANKLIN), Date (19 Feb 2017 17:00:50)
Repair & maintenance
With regards to expenses for repairs and maintenance, does the one time expense limit of 50000 (40 members in a society) mean one job one invoice? or is it a collective expense of 50k in a financial year? The byelaw 157a state it to be a one time expense...Please advise...tks in advance
Regrets for delay. The limit is one time expense.
Query By (LAIRD FRANKLIN), Date (09 Sep 2016 06:15:39)
As per the byelaws, the stipulated date for conducting the AGM is 30th Sept. What is the provision should one need to extend the date? The reason being, our treasurer was recently hospitalized and the account balance sheet and audit report is yet to be received. Furthermore, is it necessary to furnish this balance sheet of accts. to all members along with the hand delivered notice for the AGM?
The Society needs to hold the agm on or before 30th of September 2016. There is no provision for seeking extention of the period. The lapse will have serious implications for the office bearers inlcuding penalty, declaring them as ineligible to hold the office and declaring them no eligible to contest the election to be held next. The provisional balance sheet should be ready by 15th of May every year and the audit must be completed by 31st of Jul every year. NO amount of reasoning will be a valid reason for violation of these provisions. The audited statement of accounts need be provided to the members along with the notice to the AGM. The responsility of meeting the legal requirements does not stop at the level of the Treasurer or the Secretary . Entire committee is responsible.
Query By (Rajkumar Makharia), Date (16 Aug 2016 13:21:35)
There are associate member ( and there name is in agreement) . On demise of member flat should be transfered to : 1. if nomination is registered than in name of nominee and associate member will remain as associate member . 2. in case nomination is not registered than first associate member name given in share certificate and all other will remain as associate member . Please correct me if my above understanding is to be modified
1. If the nomination is registered to the name of the nominee and the name of the associate member will remain as associate member. 2. If there is no nomination, the legal heirs of the member have to make a claim on membership. For this purpose, the society may invite applications from the legal heirs to make their claims of membership. The society may decide as per the response. The second name rights, having property rights will not get altered, and accordingly, the second name will continue as the 2nd name. Please note that the only rights of membership are transferred through the above method and not the right on the property. The nominees will hold the property and membership rights as a trustee for the legal heir. The legal heir may be decided by refering to the will [ needs to be probated ], succession certificate etc.
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