Q. My husband passed away a few months back without making a will. The society is asking me to submit an heirship document to transfer the flat in my name and my only daughter’s name, though we are both registered nominees of the flat. I am told that I will have to pay the stamp duty on the current value of the flat to get the heirship certificate from the court. Can you please advise?
Amit Bhujange, Bhandup
A. Pursuant to the amendments to the MCS Act in 2019, the transfer of a flat can be done on the basis of a succession certificate, heirship certificate, or family arrangement. The government vide its notification dated August 9, 2024, has reduced the maximum limit of fees from Rs 75,000 to Rs 10,000. It is payable by a widow on probate of will, or a letter of administration with or without the will annexed, specified in Article 10 of First Scheduled appended to the said Maharashtra Stamp Act, to be filed in any city court in respect of obtaining the heirship certificate. As such you may be required to pay a maximum fee of Rs 10,000 to obtain the certificate. In the meantime, you may request the society to admit you and your daughter as provisional members of the society.
Q. Many members of our society live abroad. Our society wants to hold the AGM through video conferencing. Will it be considered a valid meeting?
Sandhya Shandilya, Chembur
A. The AGM has to be held before September 30 every year. The quorum is two-thirds of the total members or 20, whichever is less. In case the quorum is not met at the time of the AGM fixed by your society, the AGM can be held after 30 minutes of the scheduled time and the requirement of quorum will not apply for such an adjourned meeting. During the COVID-19 pandemic, the state government issued a circular allowing societies having more than 50 members to hold AGMs through video conferencing. This circular being contextual, it will not be applicable to you, and as such the online AGM will not be valid.
It is necessary that members should attend the AGM and actively participate in the matters of the society. You may consider amending your bye laws to include a provision for holding the general meetings online or hybrid through video conferencing with the approval of the registrar, as mentioned in the bye laws.
Q. What are the terms and conditions on which membership can be given to corporate bodies in a CHS?
Rumi Jhabwala, Dadar
A. Corporate bodies can be members of cooperative housing societies. There are certain terms and conditions to be fulfilled before the society admits a corporate member. The head office and the business of the firm or the company should be within the area of operation of the society. The firm or company should purchase a minimum of 20 shares of the said society. The objects of such corporate bodies should not be contradictory to that of society. Further, the memorandum and articles of association should have a provision for dwelling houses them to their employees.
The total number of firms and companies admitted as members should not exceed 50% of the total membership of the society. The number of tenements allotted to such firms or companies should also not exceed 50% of the total number of tenements of the society. The management of the society or committee shall not have more than one-fourth members of the firms and companies and the remaining members shall be elected from the individual members and the provision to that effect shall be made in the bye laws. Please refer to the Maharashtra Government Order CHS-179/CR-148/14 C dated November 9, 1993, for further details.
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