In many Mumbai housing societies, questions often arise around the rights of associate members—especially when it comes to ownership, voting powers, and legal standing. Experts clarify that while associate members do enjoy certain recognised rights within a society, these rights do not automatically translate into legal ownership of the property. Here’s a simple breakdown 👇
✨ Key Highlights
- Associate members have recognised rights, but not full ownership 📝
- Legal ownership depends on documents, not just society status ⚖️
- Written consent and compliance with laws are essential 🏛️
🧾 Who Is an Associate Member?
An associate member is a person who has a right, title, or interest in a flat but whose name does not appear as the primary holder on the society’s share certificate. Often, these are close family members such as spouses or children who are linked to the property but are not listed first.
⚖️ What the Law Says
The Maharashtra Co-operative Societies Act allows housing societies to admit associate members, provided the main member gives a written recommendation. This legal provision helps families formalise participation in society matters while maintaining clear ownership rules.
✍️ Rights Within the Housing Society
Associate members can attend meetings, participate in discussions, and in some cases vote—depending on society bylaws. However, these rights are limited to society administration and do not extend to selling, transferring, or mortgaging the property.
🏠 Ownership Requires Legal Proof
Simply being an associate member does not grant ownership rights. Legal ownership can only be transferred through proper documentation such as a registered gift deed, sale deed, or inheritance papers. Without these, ownership remains with the primary member.
📜 Bylaws vs Updated Law
Many societies still follow outdated bylaws, leading to confusion. Experts stress that if bylaws conflict with the amended law, the Act will prevail, and societies should update their rules to avoid disputes.
🔍 The Bottom Line
Associate membership offers participation and recognition—but not automatic ownership. For anyone looking to secure legal rights over a property, proper legal documentation is non-negotiable.
Source:
🏢 Associate Members in Housing Societies: Rights Recognised, Ownership Not Automatic