Co-operative housing society related queries answered bye laws CHSL

I am a senior citizen of 71 years age, own a flat in a housing society in Mumbai. I have my wife, one daughter (already married) and a son. My daughter is well off and has already purchased flats in her name. I wish that after my death, the flat should be transferred in the name of my wife and after her death in the name of my son. If I send a letter to this effect to the society, would it be binding on the society? In the alternative, what is the solution? I have already nominated my wife for this flat in the society and this nomination is duly registered. But I understand that in case of nomination, the nominee holds the property as a trustee on behalf of all the legal heirs and not the exclusive owner. I want that she should become owner after my death. Please advise.

The letter to the society as mentioned in your query will not be binding on the society and hence it will not serve the purpose. The best way is to execute a will making your wife as the owner of your flat during her life time and after her death, your son as the exclusive owner of the flat. Such a will should be in writing and attested by minimum two witnesses and it would not need any stamp duty and the registration is not mandatory. In the meanwhile, the nomination in the name of your wife may continue. As the society would deal with her until an order to the contrary is detained by your son from a court of competent jurisdiction.

We shall feel obliged if you can quote if there is any further Government Notification or clarification after the Circular dated 1.8.2001 which has clearly stated the ‘exclusions’ such as sinking fund, insurance, repair fund, water charges etc. for calculating 10% of monthly service charges. According to society this circular includes the exclusion of property tax only.

There is no other circular after the Government Circular dated 1.8.2001 to my knowledge which excludes only municipal taxes. But the monthly service charges are defined in Model Bye Law No.8 and this bye-law does not include the contribution towards sinking fund, insurance premium, repair fund and individual water charges etc. Therefore non occupancy charges at 10% have to be calculated on the basis of the service charges for the items mentioned in bye-law No.68.

We have one 3 BHK combined flat by way of two agreements. One flat of 2 BHK is in the name of my mother as first holder and me as the second holder. The second flat of 1 BHK is in the name of my wife as the first holder and mef as the second holder. The society has issued only one share certificate. I had applied to the society to issue the share certificate in my name as the first holder (my share being the maximum), my mother as the second holder and my wife as the third. But the society insists that the first name would be of my mother and the second and 3rd name can be decided by us. Whether the society is right because if there Is any dispute in future, my wife may object why her name is not the first. Please reply.

When the plan of the building of the society has been sanctioned with two flats one 2 BHK and other 1 BHK, both of these flats cannot be combined or amalgamated without the prior approval of the sanctioning authority and until then, they would be treated two flats and two share certificates need to be issued one for 2 BHK flat in the name of your mother as the first holder and yourself as the second holder and for the second flat your wife as the first holder and yourself as the second holder. Till such approval for amalgamation of the flats, all the society charges will have to be paid for two flats as per the bye laws of the society.

I am the holder of the flat in the building constructed in 1969. The flat is in the name of my sister-in-law, who gifted it to my wife (her sister).after gift tax was paid and gift deed duly executed and registered. We requested the society to transfer the flat and complied with all the requirements, but no action was taken for two months and the society insisted for transfer premium of Rs.25000 though the building is going for redevelopment.
The society insisted for the said payment on the ground that this has been the practice since long time as per the decision in the general body. It has refused to issue the fresh share certificate. I would like to know whether the transfer premium is payable for the transfer within the family and whether the society may impose payment not permitted by law?

Firstly, when the flat has been gifted in the name of your wife, you cannot be the holder of the flat as mentioned in your query. Secondly the demand of the society for the transfer of the flat by your sister in law in the name of her sister, who is your wife, is not justified and is against the provisions of bye laws. Any decision taken by your society even in the general body meeting, which is against the provisions of the laws or the bye laws or the rules or regulations or the Government Notification, is not legally valid.

Recently I have taken possession of the flat on 6.4.2010 after payment of society charges for one year to the builder. After a few months the process to form a society has been undertaken and a core committee has been formed in January 2011. In the month of March and May, managing committee displayed a notice showing monthly charges from the month of January 2011 and they refused to accept the payment for April to June. They have also threatened to forbid me from the use of common amenities. According to them the builder has shown outstanding dues against my flat and he is taking time to clear it. It seems the other residents of other flats have not paid to the builder for the last two years. Can the managing committee collect the dues with interest from a date of possession till date? The builder is taking long time to settle the accounts. What is the possible solution?

A society can collect the charges from its members only from the date of its registration. The maintenance charges etc. have to be paid by the purchasers of the flats to the builders as per the agreement which he has to account for as per the provisions of Section 5 of the Maharashtra Ownership Flats Act and any excess amount collected till the registration of the society has to be passed on the society. For the failure of the builder, legal action may be initiated against him as per the provisions of the said Act.

I am a 52 years old asthma patient living in 4th floor of the building, which has no lift. On my request, the society gave me the permission by passing a resolution in the AGM as, “permission is given to install the lift subject to approval from BMC and lift cost, installation charges, maintenance expenses etc. will be borne by the flat owners who will be using the lift and the society will not bear any cost.” When I wanted the NOC from the society to submit the documents to BMC, it informed me that NOC will be given by the society after receiving no objection letters from the concerned members of the building where the lift will be installed. I would like to know whether the society is justified in asking for such an NOC, when a resolution has already been passed permitting me to install a lift without any condition.

The permission by the society is not unconditional as mentioned by you. The resolution clearly states that the cost of the lift, installation charges, and maintenance expenses will be borne by the flat owners, who will be using the lift and society will not bear any cost. However there are two issues involved, firstly the said cost and the expenses and secondly NOC from the members where the lift will be installed abutting the walls of their flats. The society is owner of the building and flat owners are merely the occupants on ownership basis and, therefore, once the permission to install the lift has been issued by the society by way of a resolution in AGM, NOC for installing the lift abutting the walls of the members of the owners is not justified. However the society is within its right to call for the NOC of the flat owners, who will be using the lift, about bearing the aforesaid charges so that it may be able to charge the expenses accordingly, once the lift is installed.

I am the secretary of Jayshree Krishna Darshan CHS Ltd. Most of the members purchased the flats in the year 2005 and took the possession in same year and subsequently we have formed an ad-hoc committee. The builder and the ad-hoc committee registered a society in the year 2008 without OC and conveyance. The committee members have served a legal notice to the builders for the OC and the conveyance but there is no response from him. The managing committee has the option to appoint a consultant for the OC and the deemed conveyance or directly obtain the same from BMC, which would need the expenses in the range of a couple of lakhs. If we approach the consumer court, the decision may take time. The builders have three shops in the society and we want to debit the expenses to him. We are not having sufficient funds to spend. Please advise.

It is the legal responsibility of the builders to provide all documents to the society including the occupancy certificate and he has to execute the conveyance in favour of the society as per the provisions of Maharashtra Ownership Flats Act and in case of breach of the provisions of the said Act, a criminal case may be filed against the builder. The expenses to be incurred by the society to obtain OC and the deemed conveyance can only be recovered from him through the due process of law.