My sister and I are non-resident Indians. I am 100% nominee to my parents flat in Mumbai. After their death, my sister claimed a 50% share and I asked her to reimburse half of the expenses incurred towards the flat from 2019 (by when my both parents had passed away) till date. Given the dispute, the managing committee (MC) has not admitted me as a member. The society is going for redevelopment and it has asked both of us to sign the consent for the same. The secretary has told me that in case of limbo, they will approach the registrar, adding that the builder will take over the flat. Is it possible that the builder or my sister can take over the flat? Can I be admitted as a member? Alo, please, specify whether my sister can directly interact with society?
Rajeev Nischal, Mumbai
The society has to admit you as a provisional member if your nomination is duly-registered. Membership will be granted upon the legal heirs being brought on record by obtaining either the succession certificate, legal heirship certificate or a duly registered family arrangement as mentioned in section 154B-13 of the Maharashtra Cooperative Societies Act. Your sister being a legal heir can interact with the society, but she cannot take over the flat and neither the builder can do so.
The society should not entertain her request to transfer the flat in her name without obtaining any of the documents stated above. Since she has claimed a share, both of you have to settle the differences and decide who will be the first owner as well as the percentage of holding. It is in your interest to iron out the differences between both of you. Making a family arrangement document to record the understanding between the two of you will be a cost- effective, time-saving and simple process. However, both of you will have to remain present for the registration.
Can a member nominated or elected on account of a casual vacancy vote in the society meeting? I am told that a co-opted member does not have the right to vote.
Namita Desai, Dahisar
Yes, a member nominated or elected on account of a casual vacancy in the MC has the right to vote in the meetings. When a casual vacancy occurs due to death, resignation or disqualification, the remaining committee members can fill the position by nominating an eligible member. He/she is considered a full-fledged member for the remainder of the original member's term. Hence, they are entitled to all the rights and responsibilities of an elected member, including the right to participate in the meetings and vote on resolutions and decisions.
However, it is crucial to distinguish a nominated member filling a casual vacancy from a co-opted member. The MC may co-opt two 'expert directors' relating to the objects and activities undertaken by the society. The number of such co-opted members shall not exceed two in addition to the MC's strength. Such a coopted member shall not have the right to vote in any of the MC's elections or to be elected as an office-bearer. Similarly, the MC may co-opt two 'functional directors', who shall be excluded for the purpose of counting the total members. They will also not have a right to vote in any meetings. [Bylaw 115 (b) (c)]
Our society secretary never mentions the meeting agenda. Isn't it mandatory to give the agenda along with the notice? What is the remedy if the secretary fails to issue the meeting notice?
Parekh Nitin, Ghatkopar It is mandatory for the secretary to give the agenda along with the notice. The secretary is required to give three clear days notice to all the members. Such notice shall include the date, time and place of the meeting along with the business to be transacted. If the secretary fails to do so, the chairman shall issue the same. If both of them fail, the housing federation, with which the society is affiliated, may call such a meeting upon receipt of the information and a request to convene the meeting. You may inform the housing federation and request them to do the needful. You may also file a complaint with the registrar for the non-compliance. (Bylaws 98, 132, 140)
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
