Q. Are SRA society laws different from that of a private society? Also, please guide me where I can get a book on the society bylaws? Anish Mathew, Worli A.
Cooperative housing societies are governed by the provisions of the Maharashtra Cooperative Societies Act (MCS) and every society has to adopt the bylaws as prescribed or make amendments by following the due process detailed in bylaw 166. The Slum Rehabilitation Authority (SRA) has been constituted under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act to formulate and implement schemes of slum areas. The SRA imposes certain restrictions – on the ownership transfer, renting out flats, etc – which are specifically applicable to the societies developed under the SRA scheme.
Basically, the MCS Act will be applicable to all the societies registered thereunder. A few additional restrictions will be applicable to the members of the housing societies constituted under the SRA schemes. Such societies should adopt the model bylaws specified under the MCS Act. However, they may consider including the restrictions or other applicable provisions applicable to the SRA and conditions imposed by the said authority in the bylaws by seeking the approval of the assistant registrar, SRA. A book on model bylaws can be purchased from the office of the Mumbai Housing Federation, Fort, or from any book store. It is also available on e-commerce platforms.
Q. The office staff of our society has sent a letter threatening to break tiles of thebathroom and toilet on the complaint of the lower-level flat owner. Is such a letter not signed by the secretary or chairman can be considered as valid? Jose Puthen, Bandra A.
The office staff ought to be working under the instructions of the managing committee. If the letter has been sent without the committee's authorisation, it will not be held valid. A threatening letter sent by the office staff is not in good taste. You can seek clarification from the managing committee in this regard. It is ultimately responsible for managing the society.
Q. My son had nominated myself (father) and his wife for a flat, and died intestate. He had no children, while his wife stays abroad and is not interested in the flat. How can I distribute the five shares between myself and my daughterin-law? I also wish to nominate my wife to protect her interest in the future. Binsi Siju, Powai A.
As per the nominations cited, you and your daughter-in-law are eligible to become the provisional members of the society. Nominee is only a trustee of the property holding it on behalf of the legal heirs. The MCS Act requires the nominees to submit a succession certificate or a family arrangement specifying the legal heirs, who will inherit the property in the absence of a Will. It is suggested that all the legal heirs should execute a family arrangement deciding how the property will be shared.
If your daughter-inlaw is not interested in her share, she can make a release deed in favour of other legal heirs. Your wife being the legal heir will also be entitled to a share and you need not file any nomination separately. A copy of the registered family arrangement may be submitted to the society along with the transfer application. Once the formalities are completed, both of you will be admitted as joint members. First holder will be the contact person for all practical purposes.
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
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