Your Housing Problems & Solutions
Ignorance of society
repair work
Q: Our building is 40 years old and a recent structural audit report says urgent repairs to the terrace and building are required due to waterproofing failure. But the managing committee is not paying heed to that. The MCGM is also not directing society to repair despite complaints. I have been writing to them regarding the same for the last two years to no avail.
A: To repair your building, kindly take up the matter with the Co-operative Court under Bye-law No. 174(B)(iii). In your complaint against the society, make Municipality a party as under Bye-law No. 174(D)(v) it has not taken any action against the society.
To your complaint, add a structural report of the building and the Municipality's report, asking your society to conduct structural repairs to your society's building. For this, hire the services of a good advocate who has an experience in Co-operative Court matters to represent your case in court.
Legal expense woes
Q: My society has passed a resolution in AGM where if any legitimate flat owner aggrieved with society’s decision approaches the court, that individual will bear the legal expenses that are incurred by society. In other words, he/she will bear own legal expenses plus that of the society's. I believe this is against the fundamental principles enshrined in our constitution. Is my understanding correct? Can I challenge AGM's decision in a court of law?
A: If any member goes against the society to the court, then the legal expenses of the society should be equally shared by all the members. In this respect, society after taking quotations from experienced advocates for its legal work should pass it during a special General Body Meeting, justifying the appointment of an advocate for the legal work of the Society.
Even if all the members pass the resolution to recover society's advocate fees from the complainant, it is not legally correct. By chance, if society passes it in the General Body Meeting, then against the society, the aggrieved member can make a complaint to Co-operative Court to get him relief.
Q: Husband and wife jointly own property (1BHK Flat) in a CHS. His wife passed away a year ago, leaving behind one son. Society has not yet issued any share certificate, although CHS was registered in 2015. OC and Conveyance formalities are still pending at the builder's end. Also, there is no outstanding loan or mortgage against the flat, since no financial assistance was taken during the purchase of the flat. I want to know what will happen to the wife's share in the flat? Does the son become eligible for 50% ownership or does the father (co-owner and husband) become an absolute owner by survivorship? What is the legal position in regards to MCS Act/Rules? Also, since no nomination papers have been filed yet with the society, can the father and son mutually affect a family arrangement deed regarding succession of interest or title in the 1-BHK Flat? If yes, is the deed required to be stamped as per the Registration Act, 1908? A: Finally, is it necessary to obtain a legal heirship or succession certificate issued by a competent court in case the son wants to claim inheritance rights over his deceased mother's share in the flat? If yes, then will the stamp duty be required to be paid on the face value of shares to be issued by the society or the market value of the flat? Answer: Since the share certificate of the flat is not yet issued in the last seven years despite the society being registered in 2015, ask for the said flat's share certificate in the joint name of the owners — the husband and the wife. As the flat is jointly bought, all needful applications to transfer it in the sole name of the applicant are as under:
(1) A covering letter addressed to the secretary of the society stating that you are submitting the following documents in a file, to transfer the flat from joint name to sole name, due to the death of one joint applicant.
(2) Application form of the flat in Appendix17, by the second named person in the flat's sale deed.
(3) By the husband, the joint buyer of the flat in Appendix-3, on Rs 200 non-judicial stamp paper.
(4) Copy of death certificate of a wife.
(5) Indemnity bond on Rs 500 non-judicial stamp papers jointly with his son as in Appendix-19.
(5) Photocopy of flat's sale deed, with its Index-2.
(6) A release deed on Rs 500 non-judicial stamp paper, jointly with son, duly registered with sub-registrar of assurances.
(7) Original share certificate of the flat, which is in the joint name of husband and wife. Society will return the share certificate to the applicant after transferring it in the single name of the applicant.
(8) Crossed cheque of Rs 600 in the name of the society, towards Rs 100 membership entrance fee and Rs 500 membership fee. The society will give a receipt in the applicant's name in the above two headings.
(Appendix numbers referred in this reply, refer to Appendix numbers of needful forms, as given in Bye-laws book of the year, 2014.)
Take a photocopy of the above documents and place them in another file in the same order for the applicant's records. As you submit the file with original documents to the society, its office bearer will give you acknowledgement with signature, date and society's seal on a photocopy of the covering letter in your file.
With this documentation, the flat will be transferred to his name. Then the 50% of the flat (his wife's share) he can transfer to his son's name through a gift deed.
The rates have been revised from this month, the stamp duty has increased to 2% of the gift value and registration charges are 1% of the gift value with a higher limit of Rs 30,000. OC and Conveyance have nothing to do with the above two works.