Mumbai Housing Society Queries: 'WhatsApp Not An Official Way Of Communication,' Says Expert

Mumbai Housing Society Queries: 'WhatsApp Not An Official Way Of Communication,' Says Expert

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

FPJ News ServiceUpdated: Monday, May 06, 2024, 09:16 AM IST
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Is it not necessary to share the details of a flat for sale in the society’s WhatsApp group rather than sharing the details only with the MC? If the details are shared with all the members, it may help the seller get a better price.

Kartik Raghavan, Matunga

Posting details of flats for sale on WhatsApp groups is not an official way of communication with the members. Any communication has to be done with the managing committee by letters addressed to the secretary / chairman. Bye Law 162 provides that the notice of meetings or other communications be sent to members via hand delivery or post or through email. Same rule will be applicable for members to communicate with the society.

A member of our society died recently. He was single with no immediate family. The society maintenance bill is pending for quite some time now. Can we recover the arrears from the legal heir of the deceased member and is there any limitation period to recover the dues?

Protima Dasgupta, Powai

Section 33 of the MCS Act provides for the liability of the past member and the estate of the deceased member. The liability for unpaid dues of a past member of the society shall be as on the date he ceased to be a member. Thereafter, the society cannot levy any amount to such members.

In case of the death of the member, the society can recover the said amount from the legal heirs of the deceased. The limitation period up to which the society can recover is two years from the date of death. In case the deceased member does not have a close relatives, the society will have publish an advertisement in a local newspaper to call for claims and decide the veracity of the claimants to provide provisional membership until any registered document like family arrangement or order of the competent court is submitted to the society for transferring the flat in the name of the rightful person.

What are the documents required for the sale of a flat in a Central / state government society?

Nirav Shahane, Lower Parel

Central / state government societies may have certain restrictions on transfer of flat in accordance with the conditions mentioned in their bye laws. Generally the flats are owned by employees of central or state governments. Apart from complying with any additional restriction mentioned in the bye laws, the transfer documents applicable for other societies as mentioned in Bye Law 38 will have to be submitted.

Documents like the application for transfer of shares and undivided interest, consent of transferee, application fee, transfer fee, resignation of the existing member, registered agreement for sale, valid reason for transfer, undertaking to discharge liabilities towards the society, entrance fee, premium and NOC from any financing agency or government, if required. On scrutiny of the documents the MC may require any other information / document to ensure compliance with the bye laws of the society.

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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