Cooperative Housing Society

[janinilesh]

Hello Friends

This is regarding my grandmother's apartment in a cooperative society where an administrator has been appointed.

Facts of the case
- My grandmother has expired and hence as per the nomination form filed by her with the society the ownership in the apartment lies with her three surviving daughters.

- We have filed all the forms which are required along with necessary affidavits with the society along with the original share certificate. The administrator has given his acknowledgement of receipt of papers and original share certificate on a photo copy including his stamp.

- However, now under some pretex or the other he has been refusing to handover the original share certificate back to us. he claims that the society records are not in order etc, which i believe must be true, however, he is holding up everything thing because of various small issues.

- we gave him the relevant papers way back in Nov 2007 and we are still awaiting the receive the original share certificate back.

In such a situation, what recourse do i have. Should i lodge a police complaint or should i complaint to the Registrar of Cooperative Societies?

Regards,

Nilesh Jani

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[jps50]

Sponsorer

Welcome to this portal having 10300+ members all over India and abroad. U can file RTI application with the administrator [who is PIO under RTI act] by refering to Maharashtra RTI Rules as to format and fees etc. These rules are posted in GUIDE section on this page top-right. For framing queries pl visit my blog at http://www.rtiindia.org/forum/blogs/...ding-govt.html. U can additionally lodge complaint with the sub/dy registrar of coop societies under whose jurisdiction your society falls. If he does not reply to your complaint in 30-35 days shoot RTI appln by refering the above rules and blog. All the best.

[abhi987]

Hi Nilesh,

I understand you are in Mumbai, then the office of Registrar of Co-operative Societies is located at 6th floor, Malhotra House, Opp. G.P.O, Mumbai 400 001.

The office is divided in a number of wards, and the ward applicable to you will depend upon the area in which your society is located, for example my society is located in Borivali and so the ward applicable to me is R Ward.

Write your RTI Application addressed to:
The Public Information Officer,
Deputy Registrar - (Your Ward)
Above mentioned address.

You will need to find out which ward is applicable to your society, download an RTI application form applicable for mumbai from here http://www.rtiindia.org/forum/attach...it-rto-rti.doc, demand all the information you require under the title in the RTI form Description of the Information required, paste a Rs.10/- court fee stamp, and mail it by Speed post with acknowlegment/ alternately you can also mail it by Vichare Courier.

Keep the acknowledgment with you, as you will require it as proof of application in case you need to go in for first appeal later on.

Please browse through the various links on the home page of this forum and increase your knowledge before filing the RTI application.

Simple things like how to frame your question are also very important, for example your query should be in the form of seeking information rather than seeking opinion or explaination.

In your case you can ask as to:
1) Please inform me the status of application dated...
2) Day to day progress report of my application....
3) ....

Also pls be active on the forum, and increase you knowledge on RTI, you can then successfully use it to change the way we are governed.

[abhi987]

Indemnity Bond has to be EXECUTED by the Managing Committee members of the society within 15 days from their assuming the office.

Execution is more important, submission to the Deputy Registrar is necessary but execution is more important.

It has to be executed as per section 73(1AB) Rule 58 form M-20 of Maharashtra Co-operative Societies Act, 1960 on a Rs.200/- stamp paper or get Rs.200 franked on a plain paper.

Execution of indemnity bond is compulsoury within 15 days of assuming the office or the Managing Committee member who has not complied with the above formality ceases to exist as a managing committee member.

Beware Deputy Registrar's are very strict in implementing this law mathematically, so if 15 days have passed there is nothing much that can be done.

The reason for being so strict is, to check corruption and corrupt practices adopted by the managing committee members of housing societies.

Please find the High Court judgment attached herewith.

[janinilesh]

Dear Sir,

Thank you very much for your response. Yes my grandmother's flat is in Borivali West and hence the ward which you have mentioned may be applicable to me. I will make sure that I get the ward right before applying.

Many thanks for your response again.

Nilesh