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Maharashtra Co-operatve Housing Society Act
06-Jun-2023 (In Documentation Law)
I am senior citizen (75 yrs). I have got Flat from the Developer in exchange of our ancestral property. Building is eady and I have got possession of the flat from the Developer / Builder. Now, Builder is in process of forming 'Co-operative Housing Society' of the 13 members there. Considering my age, I feel that the Flat should be in the joint name of me and my wife. Developer says that my wife's name can not be taken as 'Member' as the 'Development Agreement' signed with Builder is signed by me only. My demand is that deal is separate about the property and Registration of Flat in joint name under Maharashtra Co-operatve Housing Society Act is different. How can I include the name of my wife as 'Joint Holder' while forming the Society ???? I am Hindu Brahmin in Pune
This is my response to you:
1. Purchase the flat in your name;
2. After that gift 50% to her name;
3. Or if you fear that, your age is a big concern then you can always keep a Will ready;
4. Consult a local lawyer and take steps.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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As per your query
the person who has executed the agreement can become the member of of the society in your case only you have executed the agreement with the builder and you can become remember of the proposed society. In your case you can nominate your wife as the nominee for the said flat. Secondly if you wish that your wife's name should be as a joint owner of the flat you need to execute a gift deed transferring some share in the said flat to your wife.
Regards
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Adv. Neelkanth Goswami
Thane | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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