My father had a flat. After his demise it was transferred in my mother’s name as per nomination. My mother is also no more. She had nominated me and my sister. But society is not transferring. It is insisting on a succession certificate. Is the society right?
Lakshmi Sankaran, Chembur
Nominees cannot claim the ownership of the flat as the s/he is holding it in trust on behalf of the heir/s. The society will not transfer the flat in the name of the nominee appointed by your late mother. Your society will require a testamentary document or succession certificate or heirship certificate, or a family arrangement document to transfer the ownership of the said flat in accordance with Section 154B-13 of the Maharashtra Cooperative Societies Act, 1960. You may request your society to admit you and your sister jointly as provisional members until you are able to obtain the succession certificate as insisted by your society. In case you have a registered family arrangement document or heirship certificate or any other testamentary document that may also suffice.
Are CHSs covered by RTI? What if it refuses to give the information asked for?
Pratik Mehta, Malad
RTI Act provides right to information for citizens to secure access to information under the control of public authorities. Section 2(h) of the RTI Act defines "public authority" as any body established or constituted under the Constitution, any law made by the Parliament or the State Legislature or by notification issued or order made by the appropriate government and includes any body owned, controlled or substantially financed by the appropriate government. Generally, cooperative housing societies (CHS) are not funded by any government body. However, some of the societies may still fall under public authority if they are substantially funded by the State or Central Government. As such barring the exception, the RTI Act will not be applicable to CHS. Every member of a society is entitled to inspect, free of cost, the record available at the society office during office hours, or any time fixed for the purpose by the society. Apart from a copy of the MCS Act, the rules and the bye laws, the member may inspect the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded. You can also obtain copies on payment of the prescribed fee. In case your society does not give you the required document/information, you may file a complaint with the Registrar requesting to direct the society to give the required documents/information.
Can a member not residing in the building be an office-bearer?
Gopal Kulkarni, Dadar
The general body elects the members of the managing committee. There is no provision in the model bye laws restricting a non-occupant member to contest election and to be appointed as an office-bearer of the society, unless he is otherwise disqualified to contest election as per the provision of Model Bye Law 120. Office bearers are responsible for the day-to-day affairs of the society. However, members may face some hardships and delay in getting their work done if such office bearer/s is not residing in your building. Although technically there is no bar, electing members should consider whether such non-occupant will be in a position to duly discharge his/her duties of an office-bearer.
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
