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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22 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??

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  • 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

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  • 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

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  • 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

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  • SD says:

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

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  • Sskaushik says:

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

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  • 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.

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  • 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 ?

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  • 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 ?

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  • 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?

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  • 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?

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  • 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

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  • 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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  • Arun Kumar says:

    I have purchased a freehold property in a housing society in Delhi. The previous owner gave a no dues certificate issued by the Society. After registration of the Sale Deed, possession was handed over to me. I applied for membership, the society rejected it on the ground that previous owner has not taken permission of the society. After a day the management of the society issued another letter mentioning therein that your membership request has been rejected on the ground that your previous owner has not taken permission, you have also not taken permission and your previous owner has not cleared all the dues and the society will not allow shifting of my household articles in the flat.
    I send a reply mentioning therein that I purchased the flat believing on no dues certificate issued by the society. If the society has to take anything from my previous owner society may get it form him as per law.
    in these circumstances what are the option left with me. Does the society is empowered to stop me from further shifting of my household articles. Indirectly society is asking Rs. 1 lakh from me. As per one of the Judgement of the Hon’ble High Court of Delhi society can not charge lakhs of rupees from new member.
    Please advise me

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  • Ramesh says:

    A purchaser of a freehold flat in a CGHS had applied for membership and d MC had raised objection due to lack of documents but, in meanwhile d applicant expires and d membership could not be given in the deveased applicant’s name.
    Aftereards his wife wishes to get endorsement on the share certificate in the name of deceased person daying this she will sign and receive the share certificate on behalf of the deceased person. She is also notnot joint property holder, neither any will id there against this particular property nor she is a nominee.

    The MC Committee seeks ur answer to this query guiding what exactly the act and rules of DCS is in this regard and what action should b tsken by the MC also.

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  • VINOD KUMAR GUPTA says:

    Sir

    I have purchased freehold property in a housing society in mumbai the said society is under the registrar. After registration of the sales deed, possession was handed over to me. I applied for membership but said membership yet not transfer by the registrar.
    Registrar asking money for transfer the membership.
    I need your what is the legag process for the same

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  • Advocateji says:

    Dear Vinod Kumar Gupta, legal process is very simple. Contact Police, lay a trap and get the official arrested. This is your first duty as a citizen of the country. If no one helps, send email to Modi, immediate help will come.

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  • Swapan Kumar Das says:

    Purchased a co-operative resell flat after clearance of searching. Now the co-operative society is telling this transaction has been done in violation of co-operative laid down rules. The advocate who executed the searching has not told me the modus-operandi of transaction of co-operative housing society’s flat. The seller also was not the member of the society and in fact the seller hushed up the fact. Now I have been bogged down due to my unawarwness. The flat has been got registered by court; but mutation not got done.I shall be grateful if you advise me the remedy to regularize the transaction and thereby to be a member of the society and to have the share certificate.

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  • Swapan Kumar Das says:

    I have purchased a flat of co-operative housing society from the owner directly after clearance of searching from a lawyer.Neither the lawyer nor the seller exposed me about the modus-operandi of transaction of co-operative society flat.Only on the strength of searching. deal got done. Now I came to know the Society rules for transaction of flat and the society accordinly not giving membership nor share certificate. Sir, what is the remedy now

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  • Swapan Kumar Das says:

    Co-operative Housing society rules was not known. Purchased a flat directly from the owner of the flat. The flat owner was also not a member of the society, which I came to know afterwards. Now neither I am getting membership nor share certificate. The flat got registered from the court by the seller himself. although mutation not got done. What is the remedy now?

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  • Advocateji says:

    Dear Swapan Kumar Das, You are advised to get in touch with any or our Advocate along with copy of all relevant documents and he will ensure that justice is done with you by the co-operative Society.

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  • Advocateji says:

    Dear SK Das, If you are in Delhi, you can meet our Legal expert and rest assured your all problems will be resolved by the same society. You need to meeting along with all the relevant documents after seeking an appointment.

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