How is a housing society formed and registered under state Cooperative Societies laws?

Question

Residents of my apartment complex want to form a registered housing society. What is the legal procedure? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How is a housing society formed and registered under state Cooperative Societies laws?" turns on Maharashtra Cooperative Societies Act 1960, Section 9, Maharashtra Cooperative Societies Act 1960, Section 10 and Multi-State Cooperative Societies Act 2002, Section 6 (for multi-state societies). The points below set out the position and then what to do about it, in the order it should be done.

Under Section 9 of the Maharashtra Cooperative Societies Act 1960, and equivalent provisions in other states' Cooperative Societies Acts, a minimum prescribed number of persons, commonly ten or more flat owners, can apply to the Registrar of Cooperative Societies for registration of a housing society.

The application must include proposed bye-laws, details of the promoters, proof of the property, a list of members intending to join and payment of the required registration fee, after which the Registrar examines the application under Section 10 for compliance before granting registration.

Once registered, the society becomes a body corporate with perpetual succession and a common seal, capable of holding property, entering contracts and suing or being sued in its own name, separate from its individual members.

For cooperative societies whose membership spans more than one state, registration instead falls under the Multi-State Cooperative Societies Act 2002, and the application is made to the Central Registrar rather than the state Registrar.

Builders are generally required, under the respective state's Ownership of Flats or Apartment Ownership Act, to take steps to form a cooperative society or condominium association and hand over the common areas within a specified period after a defined percentage of flats are sold.

What this means for you: 1) Collect the required number of member signatures and draft the society's bye-laws; 2) File the registration application with the Registrar of Cooperative Societies along with the prescribed fee; 3) Follow up on the Registrar's queries and obtain the registration certificate; 4) Hold the first general body meeting to elect the managing committee once registered.

Where the facts are disputed, what usually decides a housing society registration matter is the paper trail — dated complaints, acknowledgments and written replies under Maharashtra Cooperative Societies Act 1960, Section 9. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in property law.