Restriction on transfer of share or interest of a Member

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Q: What is the sinking fund percentage for Maharashtra housing societies?

Minimum 0.25% per annum of each flat's construction cost, as certified by the architect at the time of construction. This is prescribed by Rule 106C-11(2) of the Maharashtra Co-operative Societies (Amendment) Rules 2026, effective 18 June 2026.

Q: What is the AGM quorum for a Maharashtra housing society?

Two-third of the total members or 20 members, whichever is less. Per Rule 106C-13(3)(e) of the Maharashtra Co-operative Societies (Amendment) Rules 2026.

Q: How does a Maharashtra housing society recover unpaid dues?

By filing Form Y-6 under section 154B-29 of the Maharashtra Co-operative Societies Act 1960, before the Joint/Deputy/Assistant Registrar of Co-operative Societies, with a court fee of ₹100. The Registrar issues a recovery certificate in Form Y-7, which is enforceable as arrears of land revenue under the Maharashtra Land Revenue Code 1966. No separate execution application is needed. Per Rule 106C-14 of the 2026 Amendment Rules.

Q: What are the registration fees for a Maharashtra housing society?

Under Rule 106C-3(2)(d) of the 2026 Amendment Rules: Tenant co-partnership up to 25 flats: ₹2,500; 26-50 flats: ₹5,000; 51-250 flats: ₹7,500; above 250 flats: ₹10,000. Backward class and Lok Awas Yojana societies: ₹50. Tenant ownership and other housing societies: ₹5,000.

Q: What is the maximum interest rate on defaulted maintenance dues?

The Maharashtra Co-operative Societies (Amendment) Rules 2026 cap interest on defaulted maintenance charges at 12% simple interest per annum (Rule 106C-12). The rate must be fixed by a general body resolution — the managing committee cannot unilaterally set a higher rate.

Section 154B-7, Maharashtra Co-operative Societies Act, 1960

This chapter is in force. The 2019 Ordinance was a temporary law under article 213 of the Constitution and was replaced by the Maharashtra Co-operative Societies (Amendment) Act, 2019, which re-enacted Chapter XIII-B in the same terms. When citing this provision in a notice, application or plaint, cite it as a section of the Maharashtra Co-operative Societies Act, 1960 — not as a section of the Ordinance.

In short

No transfer of a member's share, interest or occupancy right is effective unless the society's dues are paid and the transferee applies for and acquires membership. Leasehold properties remain governed by the terms of the lease. Occupancy right here does not include a tenant's or leave-and-licence holder's right.

Official TextSelect & copy — citation and link auto-added

Subject to the provisions of this Act, in case of a housing society, no transfer of share or interest of a Member or the occupancy right, except the transfer of his heir or a nominee, shall be effective unless,– (a) the dues of housing society are paid ; (b) the transferee applies and acquires Membership of the co- operative housing society in due course of time : Provided that, the transfer of share or interest in respect of lease hold properties shall be governed by the terms of the lease, which are not inconsistent with lease of land to the co-operative housing society or with lease by housing society to its Members. Explanation.— For the purpose of this section, occupancy right shall not include right of a tenant or a licensee on leave and license basis.

Source: Maharashtra Government Gazette, Extraordinary Part VIII, No. 21, 9 March 2019 — the authorised English translation published under article 348(3) of the Constitution. The Marathi on this page is our summary, not an official translation.

Read this with

Model Bye-Laws 2014 — the same ground in your society’s own bye-laws

Bye-law 38 · Transfer of Shares and Interest Among Living Members →Bye-law 39 · Restrictions on Transfer →Bye-law 40 · When Transferee Acquires Right of Membership →

transfer of shares dues must be paid transferee membership leasehold occupancy right

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154B-6 · Co-operative education and training to Members, etc.

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154B-8 · Rights of Members to inspect the documents

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