• Tenement property sale

One tenement property sale equally to two member what about membership in chs
Asked 11 months ago in Property Law from Vadodara, Gujarat
Religion: Hindu
1) state detailed facts of your case 

2) for membership of CHS purchaser has to pay transfer charges 

3) make application for admission as member of society . Pay admission fees 

4) enclose copy of sale deed for transfer of flat in nane of purchasers
Ajay Sethi
Advocate, Mumbai
26123 Answers
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Hi, You can enter the membership in housing society either in singly name or joint name as both of them are the owners of the property.
Pradeep Bharathipura
Advocate, Bangalore
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149 Consultations
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fact of your question is insufficient. Please clarify your question
Shivendra Pratap Singh
Advocate, Lucknow
2992 Answers
45 Consultations
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equal share holder of the property can get membership either jointly or severally. there is no rule to prevent a joint holder of property to take membership of society jointly. voting right and fee shall be same as single member but both can get membership for security of their rights. 
Shivendra Pratap Singh
Advocate, Lucknow
2992 Answers
45 Consultations
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If the property was bought on the joint names, then the share certificate can be issue on both the names in the order of preference.
However, The Maharashtra Co-operative Societies Act and the byelaws framed under the said Act consider it otherwise in many cases.
A joint owner in a housing society is called an Associate Member. Sec. 2 (19) (b) defines "Associate Member" as a member who holds jointly a share of the Society with other, but whose name does not stand first in the share certificate. One has to ensure that in case of a joint ownership share certificates issued by the society should include both names.
"Member", in accordance with sect 2(19)(a), means a person joining in an application for the registration of a co-operative society which is subsequently registered, or a person duly admitted to a membership of a society after registration and includes a nominal, associate or sympathiser member. Thus, the definition of a Member under the Societies Act is an inclusive definition and includes the Associate Member. Therefore, an Associate Member will have all rights of a Member unless otherwise specifically provided for in the Act or in the byelaws of the Society.
T Kalaiselvan
Advocate, Vellore
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The share certificate has to show them as joint owners. Their membership also has to be joint with rights at par with other members in society.
Ashish Davessar
Advocate, Jaipur
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484 Consultations
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