In India, numerous residential colonies and apartment units provide common facilities through pooled funds collected from residents. These facilities include security, water connections, parking, and other shared amenities. To manage these facilities efficiently, many housing welfare societies operate informally. However, to give these societies a legal corporate structure, they can be registered as Housing Cooperative Societies under state laws.
Housing cooperative societies in India are governed by:
• The Co-operative Societies Act, 1912 (or the respective state’s cooperative societies act)
• The Multi-State Co-operative Societies Act, 2002 (for societies operating in multiple states)
• The Maharashtra Flat Ownership Act, 1963 (for Maharashtra-based societies)
• The Emblems & Names (Prevention of Improper Use) Act, 1950 (for name restrictions)
• The National Co-operative Housing Federation of India (NCHF) (provides model by-laws)
• Legal Status: The society gains recognition as a separate legal entity.
• Collective Ownership: The members jointly own the property.
• Shared Resources: Facilities such as security, parking, and maintenance can be efficiently managed.
• Community Development: Encourages cooperative living and shared responsibilities.
• Financial Assistance: Societies can obtain bank loans for maintenance and development projects.
• Democratic Governance: Elections ensure transparent decision-making and leadership.
• A minimum of 10 members is required to propose a housing cooperative society.
• Members must be of sound mind and above 18 years of age.
• State and Central Government entities cannot be members.
• No two societies can have identical names.
a. Selection of a Chief Promoter (can be the builder or a resident).
b. Adoption of a joint resolution for society registration.
c. Approval for opening a bank account in the proposed society’s name.
d. Video recording of the first meeting (in some states like Maharashtra).
a. Submit an application with two alternative names.
b. At least 10 members must sign the name application.
c. Reserved names are valid for three months.
d. The reserved name must end with “Limited”.
a. A bank account is opened in the society’s name.
b. Members deposit their capital contributions.
a. The application must be in the prescribed format.
b. It should include all required documents (refer to Section 6).
c. Any additional clarifications must be provided within the specified period.
a. If approved, a Certificate of Incorporation is issued within two months.
b. If rejected, an appeal can be filed within one month.
• Application for Registration
• Bank Account Statement
• List of Members with Details
• 7/12 Extract of Property (Land Ownership Document)
• Non-Agricultural Land Certificate
• Building Layout Plan Approval
• Sanction Letter for Construction
• Power of Attorney (if applicable)
• Architect’s Certificate
• Development Agreement (if applicable)
• Two Copies of Approved Bye-laws
• Promoters’ Affidavits (Minimum 10 Members)
• Challan of Rs. 2500/- (Registration Fee) in Government Treasury
• Conduct elections for office bearers.
• Implement and enforce by-laws.
• Regularly update membership records.
• File mandatory compliance reports with the registrar.
• If required, amend bye-laws with members’ approval.
a. Annual Financial Audit: Conducted by a certified auditor.
b. General Body Meetings: Held annually to discuss policies and expenditures.
c. Property Tax and Maintenance Charges: Must be paid on time.
d. Conflict Resolution: The society can take legal action in case of disputes.
• In 2022, a society in Mumbai faced legal issues due to an unregistered status.
• The builder delayed forming the society, causing financial mismanagement.
• Members formed an association, filed an application, and successfully registered the society.
• This enabled them to legally own their flats, manage finances, and enforce proper maintenance.
Cooperative housing societies are an essential part of urban and rural India. Registering a housing society ensures legal protection, financial efficiency, and smooth governance. Adopting a cooperative approach fosters a sense of community and collective responsibility.
With expert assistance from Return Filings, you can ensure a smooth registration and compliance process for your Housing co-operative societies registration in India. For professional assistance, reach out to us on email: info@returnfilings.com or on whatsapp: https://wa.me/919910123091.
