106C-4 · 106C-5 · 106C-6
Membership — regular, associate & provisional
The 2026 amendment introduces clear, dedicated membership rules for housing societies under Rules 106C-4, 106C-5, and 106C-6. There are four categories of membership: regular, associate, provisional, and joint. Each has distinct rights, procedures, and conditions.
Regular membership — conditions (Rule 106C-4)
No person shall be admitted as a regular member of a housing society unless all three conditions are met:
- (a) Written application in the form specified in the society's bye-laws, including value of at least 5 shares and ₹500 entrance fee.
- (b) Submission of a certified copy of the duly stamped and registered agreement with the promoter/builder/transferor — or a registered gift deed or similar legal instrument.
- (c) Approval of the application by the society's managing committee.
If the applicant is an entity under section 154B-1(20)(ii to xii) — such as a company, trust, or firm — the membership application must also be accompanied by a resolution authorising it to apply.
Associate membership (Rule 106C-5)
A relative of a member — as defined in section 154B-1(18)(a) — may become an associate member with the member's written recommendation.
- Eligible relatives: spouse, father, mother, brother, sister, son, daughter, daughter-in-law, son-in-law, nephew, niece.
- Application via Form Y-5A, along with the member's recommendation.
- An associate member can participate in society meetings and vote — but only with the original member's prior written consent.
- An associate member can contest committee elections with the original member's prior written consent.
- Name included on share certificate, but original member's name appears first.
- Associate member has NO other independent rights or privileges of membership.
Associate membership ceases on: death of the original member, cancellation at the original member's request, resignation of the associate member, or death of the associate member.
Provisional membership after death of member (Rule 106C-6(1))
When a member dies, the nominee (or in the absence of a nominee, the legal heir) may apply for provisional membership while the formal transfer process is completed.
- Application via Form Y-4, along with an indemnity bond protecting the society against future claims.
- If there are multiple nominees: all nominees file a single joint application.
- If no nomination exists: society publishes notice in at least 2 local daily newspapers and on the society notice board, inviting legal heirs to apply.
- If multiple claimants: each makes an affidavit; the named person files Form Y-4 with indemnity bond.
- If claimants cannot agree: committee calls upon them to produce a legal heirship certificate, succession certificate, or letter of administration.
- Provisional membership CEASES once the legal heirs' names are entered on the society's records.
A provisional member has NO right, title, or ownership in the property. The provisional member's name is NOT included on the share certificate.
Transfer by family arrangement (Rule 106C-6(2))
Where legal heirs agree among themselves, they may execute a registered deed of family arrangement and apply for membership on that basis.
- Legal heirs execute a duly registered Family Arrangement deed recording the terms for the flat's shares, rights, title, and interest.
- Legal heir applies via Form Y-5 with the registered deed and an indemnity bond.
- Society immediately publishes a public notice in 2 local daily newspapers and on the notice board.
- If no claims within the prescribed period: committee transfers shares, right, title, and interest.
- If claims or disputes arise: committee does NOT transfer; informs heirs to obtain court certificate.
Membership — summary comparison
| Type | Trigger | Form | Key right/limitation |
|---|---|---|---|
| Regular | Flat purchase or transfer | Bye-law form + agreement | Full membership rights |
| Associate | Relative of member applies | Form Y-5A | Vote and contest elections only with member's written consent |
| Provisional | Member dies; nominee/heir applies | Form Y-4 | No property right; name not on share certificate |
| Family arrang. | Heirs agree by registered deed | Form Y-5 | Full membership after transfer if no dispute |
| Joint | Two+ persons hold flat jointly | Bye-law form | Separate nominations; proportional shares |
Frequently asked
Not if the buyer satisfies all conditions in Rule 106C-4 — written application, ₹500 entrance fee + 5 shares, and the registered agreement. Unreasonable refusal can be challenged under the Act.
Need help applying these rules to your society?
This page is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified advocate familiar with Maharashtra co-operative law.
Source: Maharashtra Government Gazette, Part IV-B, No. 366, dated 22 June 2026 · Notification No. Sanini 0321/C.R.41/13-C, dated 18 June 2026