AI Overview...
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Minimum Members for Formation - Under various laws, the minimum number of members required to form a cooperative housing society generally ranges from 10 to 21 members. For example, Section 6(1) of the MCS Act specifies at least 10 persons for registration, while some sources mention 21 members as a minimum for certain societies under specific acts. In the DDA context, a minimum of 60 members is required to acquire land (References: Y. Krishna Rao vs State of Telangana - Telangana, Prakash Raghunath Saave vs State Of Maharashtra - Bombay, FEDERATION OF CO OPERATIVE GROUP HOUSING SOCIETY LIMITED VS UNION OF INDIA - Delhi).
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Legal Framework and Conditions - Formation must adhere to relevant statutes such as the Societies Act, 1960, the Maharashtra Housing and Area Development Act, 1976, and the Mutually Aided Cooperative Societies Act, 1995. These laws emphasize self-help, democracy, and equality principles, and specify procedural requirements for registration and formation (References: Sarita Nagari Phase – 2 Co-operative Housing Society Ltd. VS State of Maharashtra, through The Minister for Co-operation - Bombay, New Woodlands Co-operative Housing Society Ltd. VS State of Maharashtra - Bombay, Chetan Constructions, Aurangabad VS State of Maharashtra - Bombay).
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Registration Validity and Challenges - Registration can be invalidated if the minimum membership criteria are not met or procedural norms are not followed. Courts have held that registration is contingent upon proper application of rules and sufficient members, as seen in cases where only 11 members applied, leading to invalid registration (Y. Krishna Rao vs State of Telangana - Telangana).
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Specific Conditions for Housing Societies - Formation of cooperative housing societies involves submitting property, ensuring membership is not already assigned, and complying with rules like Rule 8 of the 1963 Act. Challenges may arise if property is already submitted or if the society's formation conflicts with existing legal provisions (Rahul Enterprises VS Abhineha Park Sahakari Gruha Rachana Samstha Maryadit - Bombay, Rusabh Shah VS Avarsekar & Sons Private Limited - Bombay).
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Insights - The minimum membership requirement is a critical factor in society formation, and legal provisions aim to ensure societies are sufficiently representative and functional. Special provisions exist for housing societies to facilitate their registration, but these must be carefully adhered to, including proper application and compliance with procedural rules.
Analysis and Conclusion - The formation of a cooperative housing society requires a minimum number of members, typically ranging from 10 to 21, depending on the applicable law. Proper adherence to registration procedures and meeting membership criteria are essential for valid registration. Legal provisions aim to balance ease of formation with ensuring societies are adequately constituted, preventing invalid or unauthorized societies from being registered.
Search Results for "Cooperative Housing Society Minimum Members Formation Registration"
2018 0 Supreme(Bom) 267 • India - Bombay
A.A.SAYED, MANISH PITALE
are based on values of self help self responsibility democracy equality equity and solidarity - Formation of Cooperative Society ... of Cooperative Society – order Accordingly ... Societies Act, 1960 - Whether members (flat owners) of two Petitioners – Societies had a right to form Co-operative Housing Societies ... area of operation of the proposed housing Society. ... Promoter to take steps for formation of #HL_....
2025 Supreme(Online)(TEL) 3324 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. MADHAVI DEVI
requires a minimum of 21 members with common binding interests - The court found registration invalid as only 11 members had applied ... formation of the society. ... (A) Telangana Mutually Aided Cooperative Societies Act, 1995 - Section 4 - Writ of Mandamus sought to declare registration of society ... It is stated that the promoter is one of the members of the society and is also one amongst the....
2012 0 Supreme(Bom) 2360 • India - Bombay
B.P.DHARMADHIKARI
Out of these 5 flat takers, two flat takers have become members of respondent No. 1-co-operative housing society, thus, they have ... The claim of members to form a Co-operative Society & its registration in July, 2009 are all overt acts in derogation and denial ... of Co-operative Housing Society. ... In this background, he invited attention to the provisions of rule 8 of the Rules framed under 1963 Act and argued that the said period for ....
1988 0 Supreme(Bom) 59 • India - Bombay
G.H.GUTTAL
The acquisition of a house in a Housing Society in the very substance of Cooperative Housing without which the shares and membership ... It is opposed to the very object, purpose and reason which lead to the formation of a Co - operative Housing Society. ... It is opposed to the very object, purpose and reason which lead to the formation of a Co - operative Housing Society. ... The Society has bee....
1993 0 Supreme(Del) 218 • India - Delhi
B.N.KIRPAL, ARUN B.SAHARYA
For example in order to get land from the DDA the minimum membership of a cooperative society must be 60. ... of any other housing society except otherwise prmitted by the Registrar. "183 ... ( 76 ) PRIOR to 2nd November, 1990 a Cooperative Society, after its registration, could fill up vacancies which may have occurred on the resignation or expulsion of members. ... ... ( 71 ) IN order to get allotment from the DDA a coo....
2025 0 Supreme(Bom) 255 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
15) Thus, under Section 6(1) of the MCS Act, the minimum number of persons required for formation and registration of a cooperative society (other than a federal society) is 10. ... Thus, making a special provision of registration of a cooperative housing society would become counterproductive as such interpretation would then make registration of a cooperative housing#....
2006 0 Supreme(Bom) 984 • India - Bombay
S.R.DONGAONKAR, H.L.GOKHALE
scheme under Chapter VIII-A of MHAD Act or under DCR 33(7) and whether it is being developed by the landlord or the occupier’s society ... Maharashtra Housing and Area Development Act, 1976 - Chapter VIII-A - Development Control Regulation, Regulation 33(7), Appendix ... ... Maharashtra Housing and Area Development Act, 1976 - Sections 2( ... It was specifically stated therein that the guidelines shall prescribe transparent procedure such as explaining plans of the new building, municipal and other taxes likely to be incurred by the occu....
2016 0 Supreme(Bom) 1844 • India - Bombay
T.V.NALAWADE
of Cooperative Housing Society. ... So, the Court holds that petition cannot be dismissed by holding that the decision of registration of cooperative housing society ... So petition cannot be dismissed by holding that the decision of registration of cooperative housing society ought to have been challenged ... On the other hand, formation of the cooperative #HL_....
2024 Supreme(Online)(Bom) 371 • India - High Court of Bombay
SANDEEP V. MARNE, J
Section 6 of the MCS Act providing for requirement of minimum 10 persons for formation and registration of the society would apply to ‘other housing society’. Mr. ... Thus, making a special provision of registration of a cooperative housing society would become counterproductive as such interpretation would then make registration of a cooperative housing #HL_STA....
2022 0 Supreme(Bom) 1662 • India - Bombay
S. M. MODAK
The petitioner argued for a cooperative housing society, while the respondent claimed that the property was already submitted under ... The court analyzed the conditions for forming a cooperative housing society and the submission of property to the provisions of the ... The petitioner argued for a cooperative housing society, while the respondent claimed that the property was already submitted under ... of cooperative#HL_....
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