Co-operative society not giving membership on purchase of flat

some time, it happens that the purchaser or the seller is not able to obtain the NOC from co-operative society or even on submitting application, the co-operative society do not issue the NOC to the seller in time.

How many days to issue NOC

The co-operative society is required to issue NOC within 15 days from the date of application by the seller. If the co-operative society do not issue due to any reasons, other than the payments due, the 3 functionaries, i.e. the President, the Secretary and the Treasurer are solely responsible to the member for deficiencies in their services.

What can the member do

The member, if not given the NOC within 15 days, has the freedom to sell his flat by registry and then the co-operative society is bound to transfer the membership to the purchaser without any if and but.

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If co-operative society do not membership to purchaser

If the co-operative society do not give membership to the purchaser of the flat within 30 days from the date of handing over all the purchase documents and clearance of all payments, the co-operative society officials i.e. the President, Secretary and Treasurer are personally bound to transfer the membership.

What can the member do

If the co-operative society is adamant and not transferring the flat, the would be member even when he is not a member can compel the society and its office bearers to transfer the membership.

Where to approach for assistance

You can approach the Registrar of Co-operative Societies for assistance in all matters.

If matter not resolved by Registrar of co-operative Societies

If the matter is not resolved by the Registrar of co-operative societies, it is your birth right in India to seek legal help and to not only compel the society to give membership, but the purchaser can also seek compensation for the delay from each member of managing committee responsible for transferring the membership on the name of the Purchaser of the flat.

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13 Comments

  • T.K Jain says:

    Delhi cooperative housing society : Husband has a flat and membership in the society, now they purchase another flat in the same society in wife name with joint name of husband. Now wife apply for membership in the society.
    Q, Can society give the membership to the society or they can have ONLY one membership..///
    Repeat Q, Can society give the membership to wife when husband is already have a membership in same society for another flat??

  • S.C. SETHI says:

    In our CGHS purchasers has completed all formalities for becoming a member i.e. have submitted all the required documents & also payments as required under Rule 91 of RCS Rules. The question is how to regularise their membership i.e. what type of letter to be issued to them.
    Please advice quickly.
    Regards

  • S.C. SETHI says:

    Please ref my query dated 21.10.2016. Please let us know how to regularise the memberships to purchasers i.e. what type of letter can be issued for the purpose under the RCS Rules. Please comment urgently.

    regards

    SC Sethi
    Hony.Secy. of Sangam Apartments

  • Atul Batra says:

    Hello ji

    1) I would like to know if freehold of property is require to get the membership of society.

    2) If our flat is in the name of my parents, and I am 30 years. So can I also participate in election and society welfare by law.

    Thanks in Advance 🙂
    Atul Batra

  • SD says:

    I want to file for compensation on my society. Please suggest me suitable format and give guidance on the same. Thanks

  • Sskaushik says:

    Can society demand the enrty of membership fee other then prescribed fee fix by the RCs delhi

  • m.g.george says:

    My daughter purchased a flat in the in delhi. She has been Can the society withhold physical handing over of the share certificate by saying that first clear the disputed outstanding, thereafter only the society will give the share certificate.

  • Bhushan Tayade says:

    i had purchased a flat by unregistered MOU .The owner is third person. owner says that he did not gave power of attorney.the power of attorney holder cheated me for consideration price Rs. 19,50,000 /-. Now i am dispute that society is not providing water. i am passing the days /year without water. what is the remedy / is there any citation for injunction ?

  • Bhushan Tayade says:

    i had purchased a flat by unregistered MOU .The owner is third person. owner says that he did not gave power of attorney.the power of attorney holder cheated me for consideration price Rs. 19,50,000 /-. Now i am dispute that society is not providing water. i am passing the days /year without water. what is the remedy / is there any citation for injunction ?

  • Capt. Shahu Dange says:

    Which are the matters/subjects which need statutory notice/advance circulation or the mention in the agenda to be circulated before meeting? Can an issue pertaining to redevelopment of Soviety property be taken up as a lmproptue issue raised at the last minute with the permission of chair without its circulation in advance?

  • Capt. Shahu Dange says:

    Managing Committee issues Power of attorney after four years of gap after passing AGBM resolution of general nature with regard to redevelopment of property, is issuance of such POA is legal?
    As per the resolution two members are entrusted with the redevelopment of society property. After passing the resolution these two members do not take permission of the General Body nor do they inform about the POA to the General Body, There stand now is society has granted them full power and they are suppose to report to only Managing Committee. My query is, is such a power can be legally usrpted by the Members? Can General Body which repeatedly reconvened due to lack of coral? Are they not bound to place the POA before the deliberations and informed decision?

  • Neeraj says:

    Society is not ready to make me member of society so went to registrar , deputy registrar and won both cases now the society has gone to high court for appeal, the share certificate is also misplaced and society is not ready to make me member neither ready to give new share certificate it’s been around 6 yrs but taking a long time in high court please help what can I do,the society is in hand and gloves with previous owner and I am suffering

  • A K SINHA says:

    After demise of my wife the membership got transferred & mutated on the name of myself (husband) son and daughter. Society issued membership jointly now even after applying of last 4 months Secretary is not issuing NOC for freehold what can I do. Can I come a case against Secy President as they are disturbing me on so many aspects against the provisions of DCS Act & Rules

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