In every cooperative housing society (CHS/the Society), disputes and uncertainties often arise over what should be common sense, fair or simply procedural. From how parking spaces are used (or misused), to whether funds are being managed transparently, to even something as routine as updating municipal records, living in a CHS requires an awareness of rights as well as responsibilities. Unfortunately, many Societies operate on assumptions or outdated practices, leading to friction among members or poor governance.
This week’s questions highlight the importance of understanding legal requirements, Society bye-laws and the role of oversight authorities. Clear communication, proper documentation and adherence to due process are essential for the smooth functioning of any cooperative society.
Allotment of Parking Spots in Society
Question: In our Society, several members have purchased one, two, three or even four parking lots from the builder at the time of construction. However, the builder has not yet executed the conveyance. The Society was formed and registered in 2019. Members have not submitted copies of their vehicle ownership documents to the Society. Some members park different cars on different occasions in their allotted spaces.
In one case, a member’s driver regularly parks one or two autorickshaws in the owner’s vacant parking lot or in the guest parking area—essentially using our premises as a personal rickshaw stand. This has caused nuisance and congestion, along with noise and dust due to frequent movement. Though the CHS secretary has been informed, no action has been taken.
Is it permissible to allow outsiders’ vehicles to be parked freely in the Society premises without submitting ownership documents? We had suggested implementing charges for members using multiple parking lots, based on the number of vehicles parked, as a way to generate revenue. However, the secretary insists on increasing the general maintenance charges for everyone instead.
Answer: Parking spaces in a Society are not saleable items. Therefore, even if flat-owners claim to have purchased parking spaces from the builder, even through a registered, stamp-duty-paid agreement, the transaction is legally invalid. Members who do not own vehicles cannot rent out their parking spaces to others.
For any irregularities in parking allotment by the Society, you may file a complaint under bye-law no. 174(B)(iv). Engage a competent lawyer and approach the cooperative court against the Society and the individuals misusing parking spaces.
Use of Sinking Fund for Repairs
Question: We seek your guidance. Our CHS in Mumbai is undergoing structural repairs. The managing committee has split the repair costs between contributions from members and the sinking fund. There is confusion about whether the amount withdrawn from the sinking fund needs to be restored.
For example, if Rs3 lakh are used from the available balance of Rs10 lakh, do we need to recover and replenish the Rs3 lakh from members over time, or should we just continue with the routine quarterly sinking fund contributions? Please guide us.
Answer: Use of the sinking fund must be approved in a general body meeting (GBM), with at least 75% of the members in attendance, and 75% of those present voting in favour of the resolution. Once the resolution is passed, the Society must obtain a certificate of the audited sinking fund balance from its auditor and submit it to the deputy registrar for cooperative societies (DRCS), along with a repair certificate from a municipal-recognised structural engineer or architect.
The deputy registrar will then permit the Society to withdraw the required amount from the sinking fund, with the condition that the amount must be restored over two to three years along with interest. Please check whether your CHS has followed this process. If not, you may file a complaint with the DRCS against the Society's managing committee.
Removing a Deceased Person’s Name from Property Records
Question: I wish to know how important it is to remove the name of a deceased person from the records of the local municipal department. The deceased was a joint-holder of a property along with his spouse. Does the spouse need to visit the municipality office to have his name removed from the records?
Answer: The spouse should first have the deceased joint owner's name removed from the Society’s records. Next, she should transfer the electricity bill for the flat into her own name.
Then, with a copy of the share certificate, the flat’s maintenance bill and the updated electricity bill, she should visit the assistant assessor and collector’s office at the local municipal ward to transfer the municipal property tax bill into her name. If she is unable to carry out these steps herself, she may engage the services of a professional to do so.
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.)
??????? - ??????? ??????? ?????? ???, ??? 87 + ???? , widow , ???? ?? ??? ??? ?????? ??????, ??? ????? - 9013329595 .
??????? ??,
19-05-2025
???? ??, ?????? ?????? ???? ??????, ?????? ?????, ?????? ????????, ??????????, ?????? ?? ?????? ??????????? ?????? ????? ??????? ???? ?????? ??, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???????? -- ?????? ??? ?????? -
??? ?? 87 + ???? ?? widow ??? ??? ??? ?????? ?????? ( Super senior citizen of India ) ????? ????? ??? l ??? ?????? ????? ?? ???????? ????? ( O/o Ragistrar of Co-operative Societies of GNCTD , Parliament Street ) ??? Administrator (S) of Shivaji CGHS Appartment, Sector -14 of Rohini Delhi ?? ??? ?? ???? ?????? ??? ?? ???? ?? ??? ?? ????? ???? 54 + ??? ?? ???? ???? ??? ?? ?????? ???? ??? (Fully paidup) ???? ????? ?? ????? ??? l
?? ???? ?? ???? ?? ?? ?????? ????? ?????? A-10/2 ?? ???????? ?? ????? ???? ?? ?? ??? ???????? ?? ?????? ???? ???? ??? ???
????? ?????? ?????? ???? ??????, ?????? ?? ???????????, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???? ??? ??????? ?? ???? ????? ?? ????? ???? ?? ?? ???? ???-?????? ???? ???? ??? ?? l
????? ???? ??? - ?????? ?????? ????? ?? ?? ???????? ?? ???? ??? ????????? ?? ?????? ?? ?????? ???? ?? ??? ????, ???? ???? ???-?????? ?? ???? ????? ?? ?? ?????? ????? ?? ??????? ??????????? ??? ?????? ????? ?? ???????? ?????? ?? , ???? ??? ???? ??? , ?? ???? ???? ?? ?? ???? ????? ????, ????? ???? ?????? ??? ?????? ?? ??? ?? ???? ???? ?? ??? ??? ???? ??? ???, ???? ?????? ?? ??????????? ??? ?? ????? ??? ?? ?????? ?????, ?????? ??, ?????? ???????? ??? ??? ??? ?????? ???????? ( Super senior citizen of India ) ?? ???? ??? ???? ?? ???? ???? ??? ????? ???? ????? ??? ??? ??????? ????? ??, ??? ???? ?????, ??? ???? ??? ? ????? ??? ??? ?... ????? ???? ???? ????? ???? ??????? ????
????? ?????? :
I Am A 87+ years Old Widow , The Super Senior Citizen , is unable to get the possession of my flat in Shivaji CGHS , Sector -14 , Of Rohini Delhi , Flat Booked on 03-01-1972 (i.e. 54+ years back) due to being illegally and forcefully kept and grabbed by the Administrator (s) of Shivaji CGHS of Rohini and RCS Office of GNCTD. Full and Final Payment done in the year 1999-2000 , no dues after 1999-2000 , But possession of my almost reserved / entitled HIG Flat is not given to me till today , No results even after multiple times complained to President of India , Prime Minister of India , Home Minister of India , Chief Minister of GNCTD , Chief Secretary of Delhi , LG Delhi , Co-operatives Department minister of GNCTD , RCS Delhi , DDA VC , senior citizens cell and many more , i.e. every where , to get my home and get justice , but all in-vain , no one is listening to me , the helpless widow Super Senior Citizen of India , to get my said home . Waiting for wakeup of above said highest Govt. Authorities and to get looked in this matter of huge and horrible injustice with me , a Widow Super Senior Citizen of India of 87+ years aged. Lajwanti lajwati Jain , Ph. 9013329595
To know more please open/see the following link -
https://youtu.be/uiaKOtZCYvA?si=y7yuggAnn1BPoZAu
AGGRIEVED PERSON AND FAMILY - Smt. L. W. Jain Wd/o Sh. R. K. Jain , Super Senior Citizen of India of 87+ years aged , Postal Address -2/21, Sadar Bazar Delhi Cantt New Delhi - 110010.
??????? - ??????? ??????? ?????? ???, ??? 87 + ???? , widow , ???? ?? ??? ??? ?????? ??????, ??? ????? - 9013329595 .
??????? ??,
19-05-2025
???? ??, ?????? ?????? ???? ??????, ?????? ?????, ?????? ????????, ??????????, ?????? ?? ?????? ??????????? ?????? ????? ??????? ???? ?????? ??, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???????? -- ?????? ??? ?????? -
??? ?? 87 + ???? ?? widow ??? ??? ??? ?????? ?????? ( Super senior citizen of India ) ????? ????? ??? l ??? ?????? ????? ?? ???????? ????? ( O/o Ragistrar of Co-operative Societies of GNCTD , Parliament Street ) ??? Administrator (S) of Shivaji CGHS Appartment, Sector -14 of Rohini Delhi ?? ??? ?? ???? ?????? ??? ?? ???? ?? ??? ?? ????? ???? 54 + ??? ?? ???? ???? ??? ?? ?????? ???? ??? (Fully paidup) ???? ????? ?? ????? ??? l
?? ???? ?? ???? ?? ?? ?????? ????? ?????? A-10/2 ?? ???????? ?? ????? ???? ?? ?? ??? ???????? ?? ?????? ???? ???? ??? ???
????? ?????? ?????? ???? ??????, ?????? ?? ???????????, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???? ??? ??????? ?? ???? ????? ?? ????? ???? ?? ?? ???? ???-?????? ???? ???? ??? ?? l
????? ???? ??? - ?????? ?????? ????? ?? ?? ???????? ?? ???? ??? ????????? ?? ?????? ?? ?????? ???? ?? ??? ????, ???? ???? ???-?????? ?? ???? ????? ?? ?? ?????? ????? ?? ??????? ??????????? ??? ?????? ????? ?? ???????? ?????? ?? , ???? ??? ???? ??? , ?? ???? ???? ?? ?? ???? ????? ????, ????? ???? ?????? ??? ?????? ?? ??? ?? ???? ???? ?? ??? ??? ???? ??? ???, ???? ?????? ?? ??????????? ??? ?? ????? ??? ?? ?????? ?????, ?????? ??, ?????? ???????? ??? ??? ??? ?????? ???????? ( Super senior citizen of India ) ?? ???? ??? ???? ?? ???? ???? ??? ????? ???? ????? ??? ??? ??????? ????? ??, ??? ???? ?????, ??? ???? ??? ? ????? ??? ??? ?... ????? ???? ???? ????? ???? ??????? ????
????? ?????? :
I Am A 87+ years Old Widow , The Super Senior Citizen , is unable to get the possession of my flat in Shivaji CGHS , Sector -14 , Of Rohini Delhi , Flat Booked on 03-01-1972 (i.e. 54+ years back) due to being illegally and forcefully kept and grabbed by the Administrator (s) of Shivaji CGHS of Rohini and RCS Office of GNCTD. Full and Final Payment done in the year 1999-2000 , no dues after 1999-2000 , But possession of my almost reserved / entitled HIG Flat is not given to me till today , No results even after multiple times complained to President of India , Prime Minister of India , Home Minister of India , Chief Minister of GNCTD , Chief Secretary of Delhi , LG Delhi , Co-operatives Department minister of GNCTD , RCS Delhi , DDA VC , senior citizens cell and many more , i.e. every where , to get my home and get justice , but all in-vain , no one is listening to me , the helpless widow Super Senior Citizen of India , to get my said home . Waiting for wakeup of above said highest Govt. Authorities and to get looked in this matter of huge and horrible injustice with me , a Widow Super Senior Citizen of India of 87+ years aged. Lajwanti lajwati Jain , Ph. 9013329595
To know more please open/see the following link -
https://youtu.be/uiaKOtZCYvA?si=y7yuggAnn1BPoZAu
AGGRIEVED PERSON AND FAMILY - Smt. L. W. Jain Wd/o Sh. R. K. Jain , Super Senior Citizen of India of 87+ years aged , Postal Address -2/21, Sadar Bazar Delhi Cantt New Delhi - 110010.