Mumbai Housing Society Queries: 'MCS Act Allows You To Transfer Your Share In Property,' Says Expert

Mumbai Housing Society Queries: 'MCS Act Allows You To Transfer Your Share In Property,' Says Expert

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.

FPJ News ServiceUpdated: Monday, December 04, 2023, 01:01 PM IST
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I had submitted to my society a copy of the stamped and registered gift deed for my flat favouring my nephew. The society told me that they will take legal opinion for considering the transfer and the legal charges will have to be paid by me. Is the society right in saying so?

Sonali Parulekar, Borivili

The MCS Act empowers you to transfer your share, right, title and interest of your property in the society by way of registered document by following the due procedure as provided in the rules and bye laws. Duly registered gift deed is one such document by which transfer can be effected as per the Transfer of Property Act. The society has to dispose of the application in accordance with Bye Law 63.

It is required to communicate the decision taken by the general body within three months from the receipt of the application, failing which the application shall be deemed to be admitted as a member.

Your society officials seem to be ignorant of the process and are engaging a lawyer to seek legal opinion. As for recovery of legal charges, you will have to check if the general body has passed a resolution to that effect.

I wish to challenge the resolution passed by the majority of the general body of my society to collect cultural charges from the members. What are my chances of succeeding?

Dilip Ghatge, Chembur

The list of charges that the society can levy is mentioned in the bye laws. The society can levy any other charges mentioned in the bye laws to further its objects, which include to raise funds to undertake and provide for social, cultural and recreational activities. Thus, it is very much valid for the society to pass such a resolution and collect cultural charges from members on the basis of a resolution passed by majority at the general body meeting.

As regards your chance to succeed a court case, in Jyoti Sharadchandra Lohokare v/s The Managing Committee, Shreeji Ville CHS Ltd & Ors, vide its judgment dated September 25, 2023, the Bombay High Court has upheld the levy of cultural charges levied by the society and the objection raised by the sole member was turned down.

We are four bachelors staying in a flat on rent in a society. The society has restricted us from hosting our female friends. Can it impose such a restriction?

Raul Sinha, Ghatkopar

The bye laws do not provide for any such restriction specifically but empowers the general body to take decisions with regard to the affairs of the society. The managing committee is required to govern the general management and day-to-day affairs and is also responsible for the security and safety of the members.

Such restrictions are imposed on the residents on the basis of past experiences or difficulties faced by the residents. Some societies incorporate such rules as a preventive measure. If such a restriction was in place, your owner should have informed you in advance so as to enable you to take an informed decision.

A society can lay down rules with regard to peaceful use of flat and not causing nuisance to members.

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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