Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
The Registrar of Cooperative Societies is the competent authority for registration and related decisions ["Eknath Namdev Lashkare vs Pancharatna Properties - Bombay"], ["Chetan Constructions, Aurangabad VS State of Maharashtra - Bombay"].
Procedure for disposing of property of a cooperative housing society:
For sale or transfer, dues must be cleared, and proper notices must be issued, with the Registrar’s approval if required ["Banganga Anurag Cooperative Housing Society Limited vs Divisional Joint Registrar - Bombay"].
Dispute resolution and legal proceedings:
Analysis and Conclusion:The procedure for disposing of property of a cooperative housing society under the Maharashtra Cooperative Societies Act, 1960, involves proper registration of the society, adherence to statutory rules for transfer and management, and approval from the Registrar where necessary. Disposals must follow the society’s bye-laws, ensure dues are cleared, and involve formal resolutions. Disputes related to property transfers are to be resolved by the Cooperative Court, ensuring legal compliance at every step ["Eknath Namdev Lashkare vs Pancharatna Properties - Bombay"], ["Madhukar Mahadev Patil VS Sangli Zilla Madhyawarti Sahakari Bank Ltd. - Bombay"].
Owning property in a cooperative housing society comes with unique legal responsibilities, especially when it involves transferring or disposing of society-owned assets. Many members wonder: what is the procedure to dispose of the property of a cooperative housing society established under the Maharashtra Cooperative Societies Act, 1960? This question arises frequently in disputes over sales, transfers, or exchanges, where improper procedures can lead to invalid actions and costly litigation.
In this guide, we'll break down the key legal requirements, drawing from judicial precedents and statutory provisions. Note that this is general information based on case law and should not be taken as specific legal advice—consult a qualified lawyer for your situation.
Cooperative housing societies under the Maharashtra Cooperative Societies Act, 1960 (MCS Act), hold property collectively for members' benefit. Individual flats or plots are typically allotted to members, but the society's land or common areas remain society property. Disposing of such property—via sale, transfer, exchange, or even member expulsion affecting rights—requires strict adherence to the Act, bye-laws, and rules.
The main legal finding is that disposition must follow prescribed procedures for ownership transfer, dispute resolution, and member rights protection. This includes proper meetings, resolutions, and formal documents [
#CoopHousingLaw #MaharashtraCoopAct #PropertyDisposal
Respondent No.6 is a Cooperative Housing Society registered under the Maharashtra Cooperative Societies Act, 1960 . ... Act, 1960 . ... Bombay Catholic Cooperative Housing Society Ltd. & Ors., (2012) 5 SCC 642. ... Section 91 of the Maharashtra Cooperative Societies Act, 1960 clearly lays down which kinds of ....
The communication was issued within ninety days and therefore amounted to a refusal under Section 23(2) of the Maharashtra Cooperative Societies Act, 1960. 5. ... By the said order, respondent No.2 confirmed the Judgment and Order passed by respondent No.3 under Section 23(2) of the Maharashtra Cooperative Societies Act, 1960. 2. The material facts are as follows. ... —A Member may transfer his share, right, title and interest of his proper....
Similar is the situation as similar provisions are incorporated in Maharashtra Cooperative Societies Act, 1960 and the Rules 1961. The legal position in view of the said provision is as given below. ... Section 8 of the Maharashtra Co-operative Societies Act, 1960 deals with the application for registration, which is reproduced as under : Section 8. ... Patel, reported in 2002 (1) GLR Page 426, the proposed Cooperative Housing #HL_S....
Section 18 (1) of the Maharashtra Co-operative Societies Act, 1960 means that the power of amalgamation, bifurcation, or reorganisation can be exercised only when the decision benefits the public at large and not a few individuals.
Act, then the promoter shall inform the Registrar, as defined in the Maharashtra Co-operative Societies Act, 1960 (Mah. ... According to Petitioner, it should be co-operative housing society, whereas, according to Respondent No.1, already the declaration is submitted as per the provisions of the Maharashtra Apartment Ownership Act, 1970 (Maharashtra Act No.XV of 1971) [ “MAO Act 1970”]. ... Both t....
State of Maharashtra, through the Minister being the Competent Authority under Section 154 of the Maharashtra Cooperative Societies Act, 1960, having its office at Mantralaya, Churchgate, Mumbai, Maharashtra 400 020 4. ... Respondent No.4 directed that the society be registered. It was also observed that after amendment to the Maharashtra Cooperative Societies Act, 1960 (MCS Act)....
Societies under Section 23 (2) of the Maharashtra Cooperative Societies Act, 1960. ... However, provisions of this section shall not apply to the Housing Societies w.e.f. 9th March, 2019, in view of Section 154-B(2) of Maharashtra Cooperative Societies (Amendment) Act, 2019. ... The Maharashtra Cooperative Societies Act, 1960 earlier provided under Section 30, that soci....
The revisional authority thereby confirmed the order registering Respondent No.4 as a cooperative housing society under Section 9 of the Maharashtra Cooperative Societies Act, 1960. 2. The facts leading to the present petition are not in dispute. ... in the manner provided in the Maharashtra Co-operative Societies Act, 1960 (Mah. ... It concerns the legality of registration of Respondent No.4 as a coopera....
According to him, registration of separate society is contrary to the provisions of the Maharashtra Cooperative Societies Act. 6. ... Section 6 of the Maharashtra Cooperative Societies Act lays down basic conditions for registration of any cooperative society. The proposed members must share a common purpose. The Registrar must examine whether the society is capable of independent management. ... The question is wh....
Respondent No.4 has not explained how membership reduced without following the procedure under Section 35 of the Maharashtra Cooperative Societies Act, 1960 and Rules 28 and 29 of the Maharashtra Cooperative Societies Rules, 1961. ... I have considered the material placed on record, the submissions of the parties, and the statutory scheme under Sections 17 and 18 of the Maharashtra Cooperative Societies Act, #HL_ST....
(b) Pursuant to the Deed of Gift dated 2nd april, 1975, executed by the partners of M/s. Navneet Builders, the plaintiff, acquired ownership over the suit property. equivalent to 531.5 Sq. Mtrs., more particularly described in the Schedule (Exhibit-B) annexed to the plaint. The defendant is a Cooperative Housing Society registered under the Maharashtra Cooperative Societies act, 1960 ('the act, 1960'). The defendant is a Co-operative Housing Society of allottees of flats in a building known as Somerset apartment standing on the property bearing City Survey No.3165, 3166, 31....
Although the Opposite Party received full consideration, neither possession was handed over nor was sale deed registered in the name of the Complainant. Some of the purchasers had already taken possession and had also registered a society in the name of ‘Regency Cooperative Housing Society Limited’ under the Maharashtra Cooperative Societies Act, 1960. Appellant then cancelled the said Tripartite Agreement and subsequently got the sale agreement, dated 01.10.1996 registered before the Sub-Registrar of Assurance. As Mr Gajendra Prasad Yadav and Smt. Aruna Gajendra Prasad Yad....
(b) Instead of insisting on payment of the premium in one or two instalments, the Society may be permitted to pay the land cost in yearly instalments spread over 10 to 15 years. A Co operative Housing Society of the employees of the Authority was registered on 25.06.1999 under the Maharashtra Cooperative Societies Act, 1960. The Society in reference to the above wrote letters dated 23.07.1999, 19.11.1999 and further dated 09.12.1999 wherein it made three requests, namely: (a) The rate of Rs.1400/per sq. mtr. is the rate of developed plots and, therefore, the land falling un....
The provision excludes establishments registered under any law for the time being in force in any State relating to cooperative societies, employing less than fifty workers and working without the aid of power. The Respondent society is admittedly a cooperative housing society registered under the Maharashtra Cooperative Societies Act, 1960. Far from there being any material to show that it employs more than fifty workers, the material on record in the form of salary registers maintained all these years actually show that at no point of time fifty or more workers were emplo....
On 2 July 1979, Gupte entered into an agreement for grant of lease of Terrace space of the bungalow, so as to enable the petitioner to put up a super structure thereon. 3. The Society, which is a 'Tenant Ownership Cooperative Housing Society' deemed to have been registered under the Maharashtra Cooperative Societies Act, 1960 (said Act) had allotted Plot No.32 to Shri. S.P. Gupte (respondent No.2) in Writ Petition No. 5476 of 1990 for purposes of construction of a residential bungalow.
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