If you want to add anyone as joint owner to the property you possess by a registered deed, then you may have to execute a portion of property to the proposed person by a registered gift deed.
Acquiring joint membership in a co-operative G/Housing Society. whether ownership of flat necessary
In a Group Housing Society if a regular member wants to join some of his blood relationship as Joint member, whether such a joint member should have some ownership/or title deed of flat/or estate of Society alongwith the main regular member referred to in opening line. Problem related to Group Housing of Delhi & whether any specific rule/section can be quoted. Attention is also invited to Section 80 of DCS Act, 2003. Whether in the light of this it can be argued that essence of Act is to ensure that Joint Member is co-owner or have some vested legal interest in the property of First Member. D.K. Gautam
Asked 2 years ago in Property Law
Religion: Hindu
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10 Answers
Joint member should have some ownership rights in the flat then only can be admitted as joint member
if he has no share in the flat relative can be we admitted as nominal member in society
- As per rule of the co-operative society , if you want to become a member of a housing society, you must be an owner of a flat in that housing society , and if you are not the owner of flat , then you must be the landlord.
- Further, as per Section 22 of the ACT, a co-operative society may admit any person as a nominal or associate or joint member in accordance with its bye-laws and subject to the rules.
- Hence, the approval of the AGM is necessary for becoming the member of the society.
Co-owner is also the co member of the said flat
In a Group Housing Society, the rules regarding joint membership and ownership may vary depending on the specific laws and regulations in place in the relevant jurisdiction. Since you mentioned the Delhi Cooperative Societies (DCS) Act, 2003, I can provide some general information based on that.
Under the DCS Act, a regular member of a cooperative housing society has the right to nominate a person for membership in the event of their death or resignation. However, the person being nominated as a joint member does not necessarily need to have ownership or a title deed to the flat or estate of the society.
Section 80 of the DCS Act, 2003, deals with the nomination of a person for membership. It states that a member can nominate any person who is a member of the society for a minimum of one year as a joint member. This provision is primarily intended to facilitate the smooth transfer of membership rights upon the death or resignation of a regular member.
The essence of the Act is to ensure that the joint member has a vested legal interest in the property of the first member. While this does not necessarily mean that the joint member needs to have ownership or a title deed, it does imply that they should have some form of legal interest in the property.
It's important to note that specific rules and procedures regarding joint membership may vary among different cooperative housing societies. Therefore, it is advisable to consult the relevant cooperative housing society's bylaws and any additional rules or guidelines set by the Registrar of Cooperative Societies in Delhi for more precise information in your particular case.
Thanks, what will be the position if the person wants to become First i.e. principal Jt. member and existing full fledged member (who has property in his name with relevant legal documents and still alive ) wants to relegate himself to position of second Jt. Member. Whether first Jt. member proposed should have actual title deed or mere his declaration of legal right will suffice. D.K. Gautam
Asked 2 years ago
principal member should execute sale deed or gift deed for his share in flat
mere declaration would not suffice
Both can have title deed if they are joint owners with respect to their shares
To add a person to the property would means to share the ownership with the person desirous to become a co-owner. For this the original owner should execute a git deed transferring a portion of property in favor of the other person by a registered deed.
In that circumstance both the owners will be having equal rights in the property as joint owners.
- Declaration is not enough in the absence of joint ownership .
In a situation where one person wants to become the first Joint Member (principal) and the existing full-fledged member (who currently has the property in their name) wants to relegate themselves to the position of second Joint Member, the specific legal requirements and procedures will depend on the applicable laws in your jurisdiction. It's important to consult with a qualified attorney who can provide guidance based on the specific laws and regulations in your area.
Generally, when transferring ownership or changing the status of joint ownership, it is common for the parties involved to execute a legal document, such as a deed or agreement, to reflect the change in ownership rights. This document should clearly state the intentions of both parties and be properly executed and registered as required by law.
The exact requirements for the transfer or change in ownership rights can vary. In some jurisdictions, a mere declaration of legal right may not be sufficient, and an actual transfer of title through a legally recognized document may be required. This is why it's crucial to consult with a lawyer who is familiar with the laws in your jurisdiction to ensure compliance with the necessary legal procedures.