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

Hi 
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 1 year 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
23284 Answers
1219 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
23284 Answers
1219 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
18158 Answers
449 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
14056 Answers
127 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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0