Cooperative Housing Society: Legal issues and challenges

Authors

  • YUVRAJ DILIP PATIL National Institute of Construction Management and Research, Pune, Maharashtra, India

Keywords:

Formation of Society, Apartment, Law, rent

Abstract

The right to shelter is the basic requirement and need of every human being. Every individual fulfil this basic requirement as per their financial capacity. For example one may choose to own a bungalow or other may prefer to have a flat in an apartment or may prefer to have any of these on rent. But owning or taking a house on rent is not sufficient because, there are other issues which need to be considered like cleanliness and maintenance of amenities and common areas, security and so on. All these common issues can settle amicably by forming society as per Maharashtra Cooperative Society Act, 1960[3]. The residents can come together for management of society by formation of society. The main objective of the Mah Co-op Society Act is to maintain the daily chores and settle the dispute of society amicably. This article discussed the legal issues and challenges in cooperative society and analysed which one is the better option whether formation of society as per Maharashtra cooperative society act 1960 or formation of an apartment as per Maharashtra Ownership of Flat Act 1963[4]. The issue in the society of property transfer by way of sale and rent to the bachelors or outside community is discussed in this article. Also it discussed the importance of the formation of society and duties of promotors under different laws to form the society. The researcher has used the doctrinal method of research in which the study of books, case laws and laws is involved.   

Author Biography

YUVRAJ DILIP PATIL, National Institute of Construction Management and Research, Pune, Maharashtra, India

Dr. YUVRAJ DILIP PATIL

Associate Professor

National Institute of Construction Management and Research, Pune, Maharashtra, India

References

High Court of Bombay, (2001). Zorastrian Radih Society Vs. Mrs. Pervin Nariman Jogina & Anr. All Maharashtra Law Reporter.

G.C. Venkata Subbarao. (2008) Jurisprudance and Legal Theory. Eastern Book Company.

Government of Maharashtra. (1960). Maharashtra Cooperative Societies Act. State Government of Maharashtra.

Government of Maharashtra. (1963). Maharashtra Ownership of Flat Act. State Government of Maharashtra.

Government of Maharashtra. (2016). Maharashtra Real Estate Regulatory Authority Act. State Government of Maharashtra.

Parliament of India. (1949). Constitution of India. Government of India.

R.S. Prabhu. (2002). Conveyance in Co-operative Housing Societies Law & Procedure. Maharashtra Co-operative Welfare Association, Mumbai.

History of Cooperative society, Available at https://www.housinginternational.coop/ Accessed on 21st Sept 2022

National Cooperative Federation India, Available at (https://nchfindia.net/) Accessed on 21st Sept 2022

Published

2022-11-09