Your Housing Problems & Solutions
Nomination Form
Q: My query is regarding the procedure to be followed for making a nomination by a joint holder whose name stands second in the share certificate of a flat jointly owned by two brothers in the ratio of 67 per cent: 33 per cent in a flat in a co-op. Housing Society, inherited from the deceased parents. The first holder has made the nomination. My query is regarding the nomination to be made by the second holder. Is it necessary for both the holders to sign the nomination form?
A: When a flat is owned by two or more people jointly, then each coowner will make his nomination independently, as if his part in the flat is his own house. To make nomination for each joint owner, each individual need not consult his co-owner of the flat. However, each co-owner will make nomination for his part only.
For example, in your case, second owner will make nomination for his part, to the maximum extent of 33 per cent of the value of the flat. If he says his three people, say his wife and his two children will have equal share in the flat, then each one will have 11 per cent of the total value of the flat. It is only when joint owner wants to sell his part, he has to take consent of his joint owner, before he sell his part in the flat. He has to give offer to buy his part to his existing co-owner in the flat to buy his part. If his co-owner is not interested in buying his part in the flat, then he has to sell his part to such a person, that his buyer is not causing any inconvenience to seller's co-owner.
Associate Trouble
Q: 1. Is there any possibility of an associated member to hold the post like Secretary or chairman?
2. Now that elections are held in presence of the Registrar’s office person. What is their role, just to elect the members of the managing committee? Do they also have authority to elect committee members (like Chairman, Secretary etc).
3. Can we have the statutory requirements like I form, J form, Share Register, Member Register and Nomination Register maintained only by writing or can we have the same format printed and pasted in the register in the same format to maintain clean and visible information.
A: An associate member who has ownership in the flat can only contest the election. When one has become associate member just by paying Rs 100, a one-time associate membership fee, and has no share in the flat's ownership, then such associate members cannot contest the election of the Society's Committee, under 97th Constitutional Amendment, under Bye-laws book of the year 2014.
Those near and dear relatives of the flat owner, like wife/husband, children and grandchildren, to make them associate member by having partial ownership in the flat, government has made changes in gift deed stamp duty and registration charges. If the owner of the flat makes his gift deed in favour of his children, grandchildren, spouse or widow of son, then stamp duty is Rs 200 and registration charges is also Rs 200 irrespective of the valuation of the residential premises or agricultural land.
Such nominal associate members can attend General Body Meeting of the Society on behalf of owner of the flat. He can actively be involved in the discussion of the general body meeting of society or even vote in resolutions. But he cannot vote in the committee members' election or contest in such an election as a candidate. Society's all registers have to be maintained in the prescribed books, by writing and not by pasting, because pasting of such records may involve fraud in maintaining of the society's records.
Retaining Parking
Q: Can a flat owner retain parking space after selling away his/her flat in a CHS?
A: No. Parking space in a CHS cannot be sold. Even if it is sold by the builder, such an agreement is invalid agreement. Allotment of entire parking space available is done by respective Managing Committee of the CHS to its members.
Parking Allotment Q: Ours is redeveloped CHS and parking to members was allotted by lottery.
When we saw the flat numbers painted on a parking space, we realised the Managing Committee had changed our allotted space. But we do not have proof of our allotment. I am also in the committee but our Chairman, Secretary and Treasurer have majority support and are refusing to change the allotment now. The chairman himself has taken three parking lots as per his choice. He says he has paid for the parking lots to the builder. The lot given to us is open but all others are allotted covered space.
A: If parking space is in stilt portion or in basement or in podium or in open space around Society's building, (which are not covered under FSI of the building), then such parking space belongs to the Society and cannot be sold by the builder. Even if they are sold by the builder or the Society, such sale has no legal standing, even if sale deed paid full stamp duty and is registered.
As per Byelaws book of the year 2014, under the Byelaws Nos. 78 to 84, allotment of the parking slots are to be made by Managing Committee of the Society.
If there are more number of vehicles than available parking slots, then each flat member would be given one parking area, and still some members (flats) do not get even one parking, then all allotted members will get parking for one year each, on rotational basis. When such chronic shortage of parking exists, no member is given two or more parking. By chance after allotting one parking to each flat member, few more parking slots are available, then additional parking on year to year basis is allotted for second car parking to the flat owner.
If any dispute in allotment of parking cannot be resolved amicably, then under Bye-law No.174(B)(iv) aggrieved party (member) has to make a complaint against Society in a competent Co-operative Court.