CHS PROBLEMS SOLUTIONS

Housing societies often have to balance the interests of individual members with the responsibilities that come with shared spaces and collective living. Questions about maintenance charges can become contentious when a member believes that certain facilities are not being used or that some expenses are already being paid directly. At the same time, the death of a member can raise difficult questions about nomination, membership and inheritance, particularly when the nominee and the legal heirs disagree over the flat. Understanding the distinction between a Society’s administrative responsibilities and an individual’s legal rights is essential to resolving both kinds of disputes.

 

Question: I have a commercial property in a cooperative housing society (CHS). I pay the property tax and water bill for my premises directly. How should my maintenance charges be calculated? My premises are on the first floor and measure 2,650sqft (square feet). I do not use the lift, as I have a separate staircase to access the premises.

 

Answer: Even if you do not use the lift, you may have to pay lift maintenance and running charges if the lift is provided in the building in which your premises are located. Under Rule 106C-12 of the Maharashtra Co-operative Societies Rules, 1961, as amended in 2026, these charges are to be divided equally among the units or flats in the building where the lift is provided.

 

The Society’s charges are calculated under different heads and each head has a prescribed basis of apportionment. Service charges are divided equally among the units or flats, while the property tax on common areas is apportioned according to the carpet area of each unit or flat. Water charges are calculated on the basis of the number and size of inlets or taps provided in each premises, as per the sanctioned building plan.

 

Since you pay the property tax and water bill for your premises directly to the municipal authorities, you should check your Society’s maintenance bill to ensure that these amounts are not being charged again. However, your share of property tax on common areas and other applicable common expenses may still be payable. You may ask the Society to provide a detailed break-up of the charges levied on your premises, along with the basis of calculation, under Rule 106C-12.

 

Question: Is a nomination form signed by only one witness valid? The nominee is claiming ownership of the flat and refusing to transfer it to the legal heirs. A legal heirship certificate has not yet been obtained.

 

Answer: Under the new Maharashtra Co-operative Societies Rules, 2026, a nominee is admitted as a provisional member after the death of a member, subject to the prescribed procedure. The nominee does not automatically become the owner of the flat merely because the nomination is in his or her name.

 

Regarding the nomination form signed by only one witness, its validity will depend on the prescribed nomination form and the applicable Society bye-laws. Under the new rules, the nomination must be signed by the member and submitted to the Society during the member’s lifetime. You should ask the Society to verify the original nomination form and its records before deciding whether the nomination is valid.

 

If the nominee is claiming ownership and refusing to transfer the flat to the legal heirs, the following procedure may be followed:

1.If the legal heirs agree on the person who should represent them: They may submit the relevant succession documents to the Society. Where they agree on the distribution of the deceased member’s interest in the flat, they may also execute a duly registered family arrangement recording their respective rights and interests.

 

2.If there are several legal heirs and they disagree on who should become the provisional member: Under Rule 106C-6 of the new rules, the Society’s managing committee must ask them to produce a legal heirship certificate, succession certificate or letter of administration from the competent court if they cannot agree on the person to be admitted as provisional member.

 

3.If the deceased member left a Will: The Society should examine the relevant testamentary documents and follow the applicable procedure for transmission. Whether probate or another court document is required will depend on the circumstances and applicable law.

 

4.If the nominee and legal heirs dispute ownership: The nominee’s provisional membership does not settle the question of ownership. The legal heirs should establish their rights through the appropriate succession documents or legal proceedings, as applicable. Society cannot treat the nomination alone as conclusive proof that the nominee is the owner of the flat.

 

Under Section 154B-13 of the Maharashtra Co-operative Societies Act, 1960, read with the new rules, the Society must follow the prescribed procedure for transferring the deceased member’s share, right, title and interest. You should, therefore, ask the Society to explain in writing the documents required for transmission in this case. If the nominee continues to deny the legal heirs’ rights, it would be advisable to consult a lawyer specialising in property and succession matters.

 

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