Our society underwent redevelopment along with the neighbouring two societies and now the location and address of the society has changed. What are we required to do to get the new address registered?
Aniket Singhal, Chembur
Any change of address will not be treated as registered unless it is indicated in the bye laws by amending them and the amendment so made is registered under the MCS Act and the change is registered as prescribed in the MCS Rules. Your society will have to call a general body notifying the proposal to amend the bye laws by adopting the new address, 14 days before the meeting. Further a resolution in the general body for adoption of the postal address mentioning the street, municipal ward, town, tehsil, district, postal circle is required to be passed.
Another resolution is required to be passed to amend the bye laws to incorporate the new address with a two-thirds majority of the members present and voting at the meeting of the general body. Once the resolutions are duly passed, the bye laws have to be registered with the registrar. The application for change of address and registering the amended bye laws shall be supported by a copy of the aforesaid resolutions passed at the general body meeting and amended bye laws. The registrar is required to dispose of the application for amendment of bye laws within a period of two months, failing which the bye laws are deemed to be registered.
The registrar is required to register the changed address communicated by your society in a register maintained for the purpose and inform the society of such registration. The registered address of your society is also required to be exhibited on the notice board of your society, immediately after registration. It will be appropriate to get the new address rectified in title documents, property records, government records, PAN, banks, insurance companies and keep informed all the vendors and service providers of the society (Section 13 of MCS Act, Rule 31 of MCS Rules, Bye Law 166).
Our flat is in the joint names of me and my mother. After my mother died, I requested the society to delete her name from the share certificate. I am the only child and also a nominee of my deceased mother. The society has not asked me for my mother’s will, which is in my favour. I have submitted a copy of the death certificate, indemnity and also published notice in newspapers as asked by the society and also submitted the original share certificate for deleting the name of my mother. No one has come forward to claim the said flat but the society is not doing the needful. It has made me a provisional member. Please help.
Goldie Mandhawa, Borivali
The society is required to follow the process for transferring the share, right, title in the flat as mentioned in the MCS Act, prescribed rules and the bye laws adopted by it. Pursuant to the amendments in the MCS Act 2019, the nominee will be admitted as a ‘provisional member’ until such time the legal heir or a person entitled as per the succession law or under a will or testamentary document is admitted as a member. However, in your case the question of making you a provisional member does not arise as you are a joint member having your name on the share certificate. Your society does not have any right to change your membership from joint member to provisional member, though your shareholding is only 50%. The nomination of your mother is only in respect of her share in the joint ownership of your flat.
As a joint member, you have a right to attend the general meetings and to vote. You may raise a strong objection and demand an immediate corrective action. As regards deletion of your mother’s name from the share certificate, you have complied with the formalities informed to you by the society. You should also submit the will of your mother to comply with the provision of the latest amendments.
Being the only heir, a nominee and the legatee, the society should take your application and the supporting documents on record and incorporate the name change in the share certificate after placing the same before the general body. If the society does not do the needful in reasonable time you may file a complaint with the registrar. (Section 154B-1 and 154B-11 to 13 of MCS Act).
I purchased a flat in 2019 that was earlier used as a commercial unit and was changed to residential use in 2015. The society has been charging me as per residential use. However, for the past two months the society has suddenly started charging me commercial use charges stating that the BMC has levied tax as per commercial usage tax. Please advice.
Shalini More, Jogeshwari
You should submit a written application to the society seeking their support by submitting the BMC approval granted for the change of use in 2015. The society may consider giving you a letter stating that the use of your flat has been for residential purposes since the day you have purchased the said flat. You along with the secretary should approach the BMC Assessment Department for getting the property tax bills rectified and seeking revised bills. The BMC will conduct an inspection of your premises to verify the use and if satisfied record the change of use with effect from 2015 and revise the bills accordingly. In the meanwhile, you may pay the society bills under protest to avoid levy of penal interest for unpaid bills.
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
