Navigating the rules, responsibilities and rights within a cooperative housing society (CHS/the Society) can often feel overwhelming, especially when matters involve property transfer, managing committee procedures or a lack of accountability. Many residents are unsure of the correct legal steps to take or what to do when the Society office-bearers fail to act on genuine concerns.
Unfortunately, informal understandings, verbal assurances or improperly executed documents often lead to bigger problems later, particularly when it comes to the transfer of ownership or dealing with resignations from the managing committee.
This week’s questions cover some of these recurring issues, such as improper transfer of flats, unanswered maintenance complaints and the correct way to resign from a society’s managing committee. A clear understanding of society bye-laws and legal procedures is essential to safeguard your rights and avoid unnecessary disputes.
Revoking NOC Made for Transfer of Flat to Sibling
Question: We three sisters gave a no-objection certificate (NOC) to our brother to transfer the flat in his name and based on that, the Society transferred it to him. We now want to revoke that NOC. Can we do that?
Can the Society transfer a flat on the basis of a notarised NOC from legal heirs? The flat was owned by our father, who passed away in 2000. Later, it was transferred in our mother's name. Our mother passed away in 2023. In 2024, we gave an NOC to our brother for transfer. We now want to revoke it.
Answer: What you did was wrong and the document (NOC) has no legal value. To transfer your parents’ flat solely in your brother’s name, excluding the three sisters, you should have executed a release deed, where the three sisters are the releasors (giving up their rights) and your brother is the releasee (receiving full rights to the flat).
The earlier documents you submitted are not legally valid for this purpose. If all four children want equal rights in the flat, then all of you should execute a declaration deed. If one or more of you want to relinquish your rights, then a release deed is required. Whether it is a declaration deed or release deed, it should be executed on Rs500 non-judicial stamp paper and registered with the sub-registrar of assurances. The registration fee is Rs1,000.
Since the NOC in this case has no legal value, the transfer made to your brother by the Society is also illegal and not valid. There is no need to revoke the NOC, but you will have to follow the process as outlined above for the transfer of the flat as per your requirement.
Redressal of Complaints Raised to the Managing Committee
Question: I have raised a couple of complaints, such as a lift button issue and a beehive, but the secretary and manager of our CHS are ignoring them and taking no action. What recourse do I have? I have paid all my dues and believe it is the managing committee’s duty to address complaints promptly.
Answer: Kindly submit your complaint to the managing committee of your society in writing, under bye-law no172. As per bye-law no173, the Society must respond to your complaint within 15 days of receiving it.
If you do not receive a reply within 15 days, then under bye-law no174(A)(xxii), you may file a complaint against the Society with the deputy registrar (DR) of cooperative societies in your area. Be sure to attach a copy of your original complaint and mention that no action was taken by the Society.
Acceptance of Resignation from Managing Committee
Question: I have tendered my resignation as a member of the managing committee with immediate effect for personal reasons. The secretary has acknowledged it but is delaying the matter, citing legal formalities. It has been two weeks and no action has been taken to appoint my replacement. Is tendering my resignation sufficient, or do I need to take any further action?
I no longer participate in managing committee meetings and do not want my name listed as a committee member. My concern is how to ensure that my name is removed from the registrar’s and the Society’s records as a managing committee member.
Answer: Kindly notify the secretary in writing that if you do not receive a confirmation letter from the Society—on its letterhead—stating that your resignation from the managing committee has been accepted and was passed at the managing committee meeting held on (mention date), then you will take further action.
In the same letter, mention that if you do not receive this confirmation within 15 days of your letter being received by the secretary, you will file a complaint against the secretary with the DR of cooperative societies in your area.
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
