Chsguru Answers Archive Pack 3

ChsGuru Answers

Welcome to ChsGuru’s Answers:
        Answers to your queries on Co-operative Law as posted in Free Query’s* section on
Sir, i am a third joint owner in flat and from first owner appendix 10A and Rs 100 ASSOCIATE MEMBER FEE paid to society and i was first secretary for 7 month. Now new secretary told i have no right to ask question come with power of attorney and not signing AND receiving my any letter what i do, even not allotting parking space as per Bye-laws.
Rajkumar. Bansal., New Viva Collage Road,
Virar West – 401303.
Since you are a Joint Member of the Society, you have a right to ask question. If the society is refusing to accept letter send it by RPAD. Every society has to allot parking as per the provisions of Bye-laws of the society.
Can any CHS have right to force the member for donation, i.e. Soc. Birth-day or god puja.
Vijay Gaikwad., Ghansoli,
Navi Mumbai, Maharashtra - 400 701.
We assume that you are referring the term “donations” for welfare or festival charges etc. This cannot be made compulsory even by the AGM of the society. Welfare or festival activities are voluntary and the expenses thereon have to be met from the contribution collected only from the interested members for that purpose & not from other society funds or collections.
Our society is undergoing major repairs and would like to use sinking fund? Can the special general body authorise the managing committee for the same or is the registrar's permission required? Our society has been classified as 'B' by the statuary auditor. Please let us know and oblige. Regards.
Deepak Porecha., Charkop,
Kandivali (West), Mumbai - 67.
The procedure for withdrawal of Sinking fund has to be followed as per the provision of the Bye-laws of the society, for eg. If your society have adopted the 2001 Bye-laws, the society has to approve the withdrawal of the Sinking fund for Major Repairs in the General body Meeting & have to get sanction of the same from the Registrar of Co-operative Societies.
I am the 3rd owner of a flat in a CHS. Recently a demand for insufficient stamp duty was raised against the property which has been paid. Now the flat will be registered in the 1st owners name. The 2nd owner with whom i made the deal has also not registered the flat nor have I. Is it OK that when i sell the flat, the new owner directly gets it registered in his name? The society has already issued share certificates in my name when i bought the flat. Kindly help. Thanking you in advance.
Chhaya Shah., G.M link Road,
 Mumbai – 400 043.
Registration of documents more than eight months old has been disallowed w.e.f Dt.22-12-2011, Now old documents cannot be registered. Please read our article: Now time bar documents will not be registered by the office of Sub-Registrar.
Sir, I am member of a society having my own flat. I am having outstanding society maintenance dues of about Rs.75000.00 (Principal plus interest). I have asked the society for NOC to get my name transferred to Electricity meter and Mahanagar Gas. The society is not issuing me NOC and is saying that I have to repay my outstanding amount due and thenafter only NOC will be issued... I am not in a position to pay the maintenance right now but am paying slowly slowly. Also when the society is charging interest on the pending amount, how can the society say no for NOC to get my names transferred on Gas and Light Bill. Please guide me what to do. Thanks
Rajesh Kumar., 4 Bungalows,
Andheri West, Mumbai.
If the society has passed resolution in their meeting to disapprove all NOC’s to defaulters, only then the society’s stand would be considered as valid. Try requesting the society again or ask them to keep your application for consideration before the General body meeting.
Can Developer/Chairmen of the Society Dissolve a Society using forged signatures on the dissolution Resolution and also avoid Bond M20 under Amendment act of 2002.
Ameer Abdul Kader.,
Mazagoan, Mumbai - 400 010.
Sorry, but your query is not clear. But forgery by whomsoever done is illegal & for that you should file an FIR to the nearest Police Station having jurisdiction over your building.
Bank is facing criminal cases for not disburse of Sanctioned loan. However bank has obtained ex-party order u/s 101 of MCS Act. Can he expedite the recovery procedure? Or we can file appeal/revision u/s 91 of MCS Act since appeal time is barred due to non availability of funds.
Munnalal. Dubey., Kalewadi,
Pune Maharashtra 411 017.
Appeal against order issued u/s 101 cannot be filled u/s 91. The provision of appeal on order issued u/s 101 is available only under Section 154 of the MCS Act 1960, since as you referred that the appeal time is barred the appeal should be accompanied by application u/s 153 of the MCS Act 1960.
Dear Sir, Is an oral agreement for transfer of property have to be drawn up by a Lawyer.
Himanshu Jain.,
Country Park Borivali East, Mumbai.
Dear Himanshu, under Section 17 of the Registration Act, 1908 all instruments of Gifts of Immovable property and instruments of Sale of Immovable property the value of which is One Hundred rupees and more are required to be in writing and compulsorily registered & it’s always in your interest to draft the said agreement from a lawyer.
Whether model by laws 2009 are to be adopted by old society? or they can amend the same before adopting.
Atul. Bakshi. Hotgi road,
Solapur, - 413 006.
The Model Bye-laws 2009 has to be adopted in as it is basis. After approving the same from the registering authority, the society can later amend the same & get it approved from the Registering authority.
The builder registered a deed of declaration when co-op Hsg is registered earlier. The Civil Court has declared the deed as null and void. would it be necessary to cancel the deed of apartment executed by flat owner, registered under the deed of declaration to get membership of the Hsg society.
prakash chitale, 288, baner road, Pune.
When a CHS exist an apartment cannot be registered.

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