Legal Question in Real Estate Law in India

27.01.2013

Dear Sir,

Section 24 of the Maharashtra State Co-operative Societies Act, 1960 reads -

(1) Notwithstanding anything contained in Section 22 (persons who may become a member of the Society) a Society may admit any person as a nominal, associate or sympathizer member,

(2) A nominal member or sympathizer member shall not be entitled to any share in any form whatsoever in the profits or assets of the Society as such member. A nominal or sympathizer member shall ordinarily not have any of the privileges and rights of a member, but such a member, or an associate member, may, subject to the provisions of sub-section (8) of Section 27 (no nominal or sympathizer member shall have the right to vote and no such member shall be eligible to be a member of any committee or for appointment as a representative of the Society or any other Society), have such privileges and rights and be subject to such liabilities of a member, as may be specified in the bye-laws of the Society.

As per byelaws 19B and 19C, your sister will have to apply for Associate Membership of the Society, as prescribed in the standard format laid down in Appendix-7 of the latest bye-laws dated 25.04.2011 issued by the Federation.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

You cannot make her an 'Owner' without documentation. You may gift 1% of your share and then only she can be a joint owner.

Transfer of immovable property without a registered document may not be possible.

make a gift deed.....

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