I own a 2BHK flat in Andheri. I have a son and two daughters all married. My son and his wife and children stay with me. My son is also an associate member of my flat. Now I want to make a will. Is my right to make a will of my choice affected in any way because of my son being an associate member of the flat? Can I make a will saying that on my death the flat should be sold and whatever money received be shared equally between my three children?
Hariprasad Chaubey, Andheri
You are entitled to make a will giving your flat to any or all the three children irrespective of the fact that your son is an associate member. As per Section 154B-2 of the MCS Act, an associate member can be any member of the family whose name does not stand in the share certificate.
Associate membership is coterminous with the original membership. In the event of death, resignation, or expulsion of a member, the associate membership also comes to an end. With the prior permission of the member certain rights like voting, contesting the election, etc, are available to the associate member. However, he does not become the owner of your flat. Your children will not be able to sell the flat unless it is transferred in their name/s as stated in the will. They need to be the owners of the flat to be able to sell or otherwise deal with the said flat.
The names of all seven members of the new wing constructed subsequently are not included in Form I and J even though the share certificates are issued to all seven members. Does this exclusion have a negative impact on our membership, when the society goes in for redevelopment?
Sudhir Joshi, Mulund
A share certificate is an evidence of being a member of the society. Your society has issued the share certificates only after complying with the formalities like procuring a copy of the registered sale agreement, application for membership, share application fee, and admission fee, from the applicant and pursuant to the approval by the general body. A resolution to accept the membership and issue a share certificate is mandatory.
Pursuant to the issuance of the share certificate, it is the responsibility of the managing committee to update Form I (register of members) and J (list of members). The register of members is considered as the prima facie evidence of the date on which any person was admitted to the membership of the society. Though your membership can be substantiated by the other documents on record, it is advisable not to take a chance and set the house in order. All the seven members should make applications to the society/ general body to include their names in Form I and J. In case no action is taken you have to file a complaint with the registrar requesting him to issue direction to the society to do the needful.
Can the secretary / managing committee refuse or delay any document/s requested in writing by a member? Where can I file a complaint in case of refusal or delay?
MY Patel, Santacruz
No, the secretary or the managing committee cannot refuse to give the documents pertaining to the society to any member. In accordance with Section 154B-8 of the MCS Act, documents such as copy of the MCS Act, rules and the bye laws, the last audited balance sheet, the profit and loss account, list of members of the committee, register of members, minutes of general meetings, minutes of committee meetings, etc, can be inspected free of cost by any member in the societys office during office hours.
You can make a written request to the society giving the list of documents you need. You are required to pay to the society the prescribed fees for obtaining the documents. The society should furnish a copy of the required documents within 45 days from date of the payment of such fees.
Please refer to Bye-Law 171 to know the fees payable to the society for supply of copies of various documents to members. Any delay in providing the documents will amount to non-compliance of the provisions of the Act. As per Bye-Law 174(A) you may file a complaint with the registrar in case of refusal or delay in getting the required documents from 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
