Transmission of a flat in housing society or CHS?

More often than not, due to the sheer complicity and technicalities of our legal system, we find ourselves trampled by a load of complicated questions and even cheating and deception. One such area of concern is ‘transmission of flats‘. Here, we have the procedure for the same simplified for you.

Transmission of flats happens in the following two ways:
  1. When the flat owner has made a nomination before death.
  2. When the flat owner has not made any nomination before death.

Click Here for the full detailed write-up from MoneyLife by Shirish S Shanbhag, an MSc and a retired professor with over 32 years of experience, helps draft legal documentation related to co-operative societies, RTI and several other areas.) 


3 thoughts on “Transmission of a flat in housing society or CHS?”

  1. Has the Society to be registered or proposed? Can a proposed Society take the same decisions as Registered? Will the Maharashtra Society co-operative Act 1960 be applicable to a proposed Society? Many a time an illegal group of people forms propose Societies’ and approach the Planning Authority or Govt to assistance them, as provided by law for Registered Societies’. In such cases what is the lawful position of the proposed Society? Can they approach the High Court with intention of obtaining Orders as a register Society? The heading of the docket reads ‘proposed society’ but within are recital of Society, the learned judges just see and read the paragraphs, and pronounces judgments.The approach of proposed Societies’ are miss leading. Can the ‘transmission of flats‘ in a propose Society be valid as if the Society is a Registered one?

  2. In a building of more than 24 units have all unit holder to sign or join as members of a Society? If a few dose not then what is their status especially when the building and land does not belong to the Society?
    What if the few who have not joined but are contributing towards the maintenance of the building i.e electricity charges, water charges, land revenue. Property tax etc, will they have to follow the Society’s bye laws of the units who have formed a Society proposed or otherwise?

  3. My father was a share holder in a coop hsg soc in Mumbai. He expired in 2010
    He had nominated his nominees as under
    1) Wife (a) 2) Son(b) 3)grand son(c) (equal %)
    His wife (a) also expired in 2013, and gifted her nomination to her grand son(c) by an notorised affidavit before her death.
    We all wish to transmit the above share holdings as under:
    1) Son(b) wish to transmit his nomination to his wife.
    2) grand son (c) wish to transmit his share to his son.
    Pl. advice how to move with the my socity transmission of shares as above.
    If any can take up the work of applying ,I can his/her charges.
    Pramod Jain (b)

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