Dear Sir,
My name is Bernard Ashfield presently am the chairman of my society.Our soc was formed in Dec 2016 .Now regarding transfer premium of a flat there is a member in our soc who has given us to understand that if a particular member has signed the bylaws book during registering of the society that person is exempted from transfer fees for transferring his/her flat during submission of transfer documents . Would request you to clear me on this matter n is there such a clause under the By laws where I have failed to find it yet.
Would appreciate your answer on this matter
I C Naik
Going by the registration No of your society I assume it has been registered under
“THE TAMIL NADU CO-OPERATIVE SOCIETIES ACT, 198 (ACT NO.30 OF 1983) brought into force with effect from 13-4-1988. No. II(2)/CO/1568(b)/88-G.o.Ms.No.
Member’s definition as per clause 16 of Section 2 of this Act is as under:
(16) “members” means a person joining in the application for the registration of a society and a person admitted to membership after registration in accordance with the provisions of this Act, the rules and the by-laws and includes an associate member;
Person joining in in the application for the registration of a society does not have any distinctive advanatage over a person admitted to membership after registration of the society.
If registered bye-laws of your housing society confers any advantage, the same must be supported by an express provision to that effect. As you have not found any provision you can ask the member to show you the legal support of his contention.
