Managing Committees Can't Create, Break Law In COVID Times
By Gajanan Khergamker Cooperative Housing Societies across India are bound by the law of the state in which they are located. In particul...Read More
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#Coronavirus
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CHS bye-laws do not have force of law
By Gajanan Khergamker Under the Maharashtra Cooperative Societies Rules 1961, a Registrar may direct a society to make bye-laws in respec...Read More
Illegal for Secretary, Manager to ‘cut off’ essential supplies
By Gajanan Khergamker One hears about it happening all the time. However, the law on the issue of cutting out essential supplies is clear...Read More
Verify title before investing in property
By Gajanan Khergamker Before investing in property, it is advisable to appoint a legal consultant to inspect the original title documents...Read More
Documents needed to effect transfer of flat
By Gajanan Khergamker In these cases, it is preferable to draft a will stating one's wishes and registering it. In these cases, eithe...Read More
Leave and license agreement must be in writing
By Gajanan Khergamker According to legal terminology, the term Leave and License is considered as a right to do or continue to do in or u...Read More
Defective construction and liabilities
By Gajanan Khergamker At the time of taking possession of a building, it just isn’t practical to detect the latent defects in the constru...Read More
Valuating, transferring shares as per MCS Rules
By Gajanan Khergamker The procedure to valuate a share is laid down in Maharashtra Cooperative Society Rule 23, according to which: (1)...Read More
‘Interested’ non-member can move court for intervention
By Gajanan Khergamker For a dispute in the Cooperative Court being of a civil nature, any aggrieved party though not a party to the suit ...Read More
Society member has every right to inspect books of accounts
By Gajanan Khergamker Every member of a cooperative housing society shall be entitled to inspect at no cost too, at the cooperative housi...Read More
Ensure a document check before buying property
By Gajanan Khergamker The formalities that accompany the purchase of a flat are innumerable and need to be scrutinized thoroughly lest yo...Read More
‘Occupation’ is not synonymous with ‘possession’
By Gajanan Khergamker Possession is a substantive right or interest that exists and has legal interest and advantages apart from the true...Read More
Service charges must be levied equally
By Gajanan Khergamker As per Model Bye-law No 65, Service Charges includes: (1) Salaries of the office staff, liftmen, watchmen, mails ...Read More
Mortgage by deposit of Title Deeds
By Gajanan Khergamker It is an established rule of equity that the deposit of a document of title without more, without writing or withou...Read More
CHS members must be aware of legal rights
By Gajanan Khergamker Members of any cooperative housing society need to behave in a responsible fashion to co-habit peacefully and amiab...Read More
Registrar may direct CHS to make bye-laws
By Gajanan Khergamker There are times when the Registrar may direct the society to make bye-laws in respect of certain matters. The Mahar...Read More
Check Development Agreement for mischief, loopholes
By Gajanan Khergamker A cooperative housing society should enter into an agreement with the developer, as finalised, but only in accordan...Read More
Registrar can depute ‘flying squad’ to examine accounts
By Gajanan Khergamker Every cooperative housing society should have their books of accounts audited at least once every cooperative year....Read More
Title in the property of a widow on remarriage
By Gajanan Khergamker It was to remove all legal hindrances to the remarriage of Hindu widows that the Hindu Widows’ Remarriage Act, 1856...Read More
Procedure for expulsion laid down in MCS Rules
By Gajanan Khergamker Maharashtra Cooperative Societies Rule 29 lays down the procedure for expulsion of members: (1) Where any member o...Read More
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