Short Answer

A society can maintain a fair and accurate membership ledger during simultaneous flat sales by strictly following the verification, approval, and record-entry procedures prescribed under the Gujarat Cooperative Societies Act, 1961 and Rules, 1965, ensuring that transfers are recorded only after full compliance and Registrar-approved documentation.

Detailed Explanation

When multiple flats in a cooperative housing society are sold at the same time, maintaining a fair and conflict-free membership ledger becomes crucial.

According to Section 30 and Section 38 of the Gujarat Cooperative Societies Act, 1961, and Rule 32 and Rule 67 of the Gujarat Cooperative Societies Rules, 1965, the managing committee is legally responsible for ensuring that the membership register accurately reflects ownership transfers, dates of transfer, and approval resolutions.

The society must follow these safeguards to ensure fairness:

Chronological Entry of Transfers: Each sale or transfer should be recorded in the order of approval by the managing committee, not merely by submission date. This ensures that no member’s transaction is unfairly delayed or predated.

Verification of Documents: Before recording a transfer, the society must verify the sale deed, NOC from the existing member, transfer form, and payment of transfer fees, as required under Rule 32.

Committee Resolution: The transfer must be approved through a formal resolution in the committee meeting. Only after the resolution can the new member’s name be entered into the membership ledger.

Registrar Oversight: In case of disputes or overlapping claims (for instance, two buyers claiming the same flat), the society must immediately inform the Registrar under Section 30 for clarification and direction.

Audit and Transparency: The membership ledger should be maintained digitally or in a register authenticated by the Secretary and verified annually during the statutory audit under Section 84.

Failure to maintain a fair ledger may result in penalties for the office-bearers and can lead to disputes over voting rights, property ownership, and financial accountability.

Real-world Scenarios

Scenario 1: Mr. Shah and Mr. Patel purchase two different flats in the same building on the same day. The society records both transfers in the membership ledger as per the order of approval dates passed by the managing committee, ensuring accuracy and fairness.

Scenario 2: Two buyers claim ownership of the same flat due to a double sale. The society refrains from entering either name in the ledger and refers the matter to the Registrar under Section 30 for adjudication.

Scenario 3: During a mass resale of 10 flats, the society uses a digital membership register that auto-updates with each verified approval entry, preventing manipulation and ensuring a transparent record.

Reference

Section 30 and Section 38 of the Gujarat Cooperative Societies Act, 1961: Official PDF

Rule 32 and Rule 67 of the Gujarat Cooperative Societies Rules, 1965: Official PDF