• Rights of family member on the flat not registered on their name

I am Tahir Mirza...I live in Kalyan,Maharashtra...the flat where I live is on the name of my elder brother & I m staying in this flat since the time of possession...I.e.,since last 11 years...my elder brother never stayed in the flat till now...ours is registered society...I wish to know that what are my rights with regards to voting & fighting elections of our cooperative housing society....
Asked 2 years ago in Property Law from Kalyan, Maharashtra
Religion: Muslim
1) you cannot stand for elections and you have no right to vote

2) you are staying in flat merely as member of your brother family

3) you have no rights even to attend the AGM of the society 
Ajay Sethi
Advocate, Mumbai
44442 Answers
2583 Consultations

5.0 on 5.0

1) gift deed would attract nominal stamp duty as gift is being made to family member 

2) you would have to pay registration charges for gift deed 

3) no transfer charges can be levied by society as gift made in favour of family member 

4) you can make an application to society then for being made a member of society 
Ajay Sethi
Advocate, Mumbai
44442 Answers
2583 Consultations

5.0 on 5.0

1.You have no right of voting and contesting elections to the society as you are not the owner of the flat. 

2. Mere possession does not create ownership. Your brother continues to be the owner of the flat.

3. Your brother is at liberty to execute a gift deed in your favour.. The deed is to be registered, whereupon the title will pass to you. There is no stamp duty in Maharashtra on a gift deed executed in favour of a blood relative. Thereafter, you can apply to the society to transfer the share certificate in your favour.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Whether you are living as a tenant or otherwise, you cannot claim ownership in the flat belonging to your brother.Therefore you do not have any voting rights in the society or contesting elections. 
If your brother transfers this property by a registered gift deed document in your name, you will become the owner of this property subsequent to which you can register your name  in the society and can transfer all the shares in your name. The transfer fee and other formalities are to be meticulously complied with by you to complete the process. This is one of the simplest of getting the membership in the CHS 
T Kalaiselvan
Advocate, Vellore
34568 Answers
372 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer