Rights of a resident non-member, relative of owner staying for 14 year

578 votes

You need to transfer the share certificate in your name to be a member of the society. Kindly call for further information. You need to transfer the share certificate in your name to be a member of the society. Kindly call for further information.

Advocate Abhinav A. Bhatkar LawRato

521 votes

1. Non-Member Resident Status: While you are not a member of the society, you have the right to reside in the flat as a lawful occupant since your aunt, as the owner, has not objected to your stay. Your residency does not contravene any law or society rules as long as your aunt has permitted you to occupy the premises. 2. Membership Refusal: As per the Maharashtra Cooperative Societies Act, 1960, societies cannot unreasonably refuse membership if eligibility criteria are met. However, in your case, membership is contingent upon your aunt's willingness to transfer the membership or nominate you as the primary member. Since your aunt has chosen not to take such steps, the society's stance may be legally valid. 3. Rights as a Resident (Non-Member): a. Usage of Common Amenities: As a resident, you are entitled to use common areas and facilities provided by the society, such as water supply, parking, and security services, subject to applicable charges. b. Participation in Society Meetings: While you do not have voting rights or the ability to attend general body meetings as a non-member, you can request your aunt to represent your interests. c. Redressal of Grievances: You have the right to raise issues related to maintenance or facilities through your aunt, who is a member. 4. Protection Against Eviction: The society cannot arbitrarily evict you as long as your aunt, the lawful owner, consents to your stay. Any attempt to do so without due process would be illegal and can be challenged. I recommend that you first address this matter amicably by involving your aunt and requesting the society for written clarification of their decision. Should the issue persist, legal intervention may be pursued to safeguard your rights as a resident. Jairam Chandnani, Advocate Lexim Associates

Advocate Jairam Chandnani LawRato

644 votes

Well, if your Aunt adopts you officially, then your problem will get solved. Then Society will not be able to deny you from admitting as its member. Well, if you don't get adopted by your Aunt, then Society may not treat you as its member and in future, you may have to face legal actions like eviction from Society.

Advocate Pankaj Bajaj LawRato