Mumbai Housing Society Queries: 'Stamp Paper Must Be Bought In Name Of Executing Party,' Says Expert

Will the decisions of a managing committee be still valid if it is dissolved or superseded by the district deputy registrar (DDR) on account of irregularity in its constitution? Dinesh Singh, Bandra

It is necessary that the managing committee is constituted in accordance with the Maharashtra Co-operative Societies (MCS) Act, rules framed thereunder and the bylaws.However, in the event of any irregularity, the decisions taken by the committee will not become invalid. Section 77 of the MCS Act states that no act of the society, committee or any officer, which isdone in good faith in pursuance of the business of the society, will be deemed invalid by reason of some defect discovered later in the society/committee's organisation or the officer's appointment.

Further, any act done in good faith by any person appointed under the MCS Act, rules framed thereunder or the bylaws will not be invalidated just because his/her appointment has been cancelled or in consequence of any order subsequently passed under the aforesaid Act, rules or bylaws. It is for the DDR to decide whether any act was done in good faith and his/her decision thereon shall be final. Thus, the validity of the decisions taken will depend upon the kind of violation or irregularity and its impact on the positions held by the members or an officer of the committee.

My late wife and son are owners of the flat in which we live. Her Will states that her share should be given to me. I was told to execute a release deed in the favour of my son, while another person informed me that me and my son will get shares in an equal ratio of 25%:25%. Though my son has no issue if I get the share of my wife, I seek clarity in this regard. Anant Jadhav, Bhandup

Any property which is selfacquired can be given under a Will. Since your wife was holding the flat jointly with your son, both are joint owners and hold equal shares unless the sale agreement mentions differently. On the basis of the Will, you are entitled to 50% share held by your late wife. As per section 154B-13 of the MCS Act, you are required to submit an application to transfer the share in your name. Your name can be added to the share certificate on the basis of the Will after completing the formalities. The question of your son getting 25% does not arise. Release deed is executed to relinquish the property share. Upon execution of the release deed, your son will become 100% owner ofthe flat. Hence, you need to decide judiciously.

I wish to execute a leave and license agreement for my vacant flat. Is it necessary that the stamp paper for the agreement is executed and notarised? Rashmi Thakur, Mankhurd

Yes, it is necessary to purchase the stamp paper from an authorised vendor in the name of either parties executing the agreement. The Bombay High Court in criminal application no 2257 of 2007 observed that the notary had notarised the leave and license agreement, but the names of either parties were not mentioned in the nonjudicial stamp paper. The high court had then advised the state government to consider directing all notaries across the state to ensure the same.

Subsequently, the law and judiciary department issued circular no 144/E/Notary on March 3, 2008, directing all notaries in Maharashtra not to notarise documents unless the stamp paper is purchased in the name of either parties executing thedocument and proper stamp duty has been paid. The aforesaid circular further states that directions shall be followed scrupulously, failing which suitable action will be taken against the notary.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to mpanchayat@gmail.com

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Published on: Monday, February 09, 2026, 11:52 AM IST