After a lot of brainstorming, UT administration on Monday proposed changes in rules governing transfer of housing society memberships or their share in the name of people who buy property there after the cooperative’s creation or gain possession through general power of attorney (GPA).
People will be allowed to transfer their membership or share in housing cooperatives to subsequent owners or GPA holders of their properties without needing to clear dues pending with the societies.Till now, those seeking to transfer their membership or its share had to apply for no-dues certificates from societies, who in turn had to procure the document from Chandigarh Housing Board (CHB).
With the new rule, the transfer will be allowed if the new owner or GPA holder submits an affidavit that he or she will clear the dues that the previous holder of the membership had not dealt with. This will also apply in case of dues that might emerge from subsequent audits, Niwas said.
In case of registered wills, transfer of property’s ownership will be allowed after an advertisement seeking objections against it is published in a leading newspaper. Objectors will be asked to put forward their reasons for opposition to the transfer within a month.
For unregistered wills, the recipient will need certification from a competent court of law so that no dispute arises after the membership or its share is transferred.
The names of all those, who are jointly given GPA, special power of attorney (SPA) or ownership of property in wills will need to be mentioned in the membership certificate. However, only that person, whose name appears first on the certificate, will be allowed to vote in matters regarding society’s functioning.
In cases where one person holds the GPA and another has the SPA of a property, the society will need an undertaking in shape of affidavits from the said individuals in which they specify who can get the membership.
GPA holders, who get the membership, will be allowed to decide upon their own nominees. The nominees chosen by the original members will no longer be considered in such cases. Persons, who come into possession of a property through sub-GPA (which is given to them by a previous GPA holder), will need to pay double the membership transfer fee.
The cooperative department has forwarded this matter to the finance department for its concurrence. When that happens, it will be sent to the UT administrator for his nod.
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