Membership and Voting Rights

If I have joint ownership with my siblings, can all of us be separate members?

No, joint ownership with siblings does not automatically entitle each sibling to be a separate member of a cooperative society.

No, joint ownership with siblings does not automatically entitle each sibling to be a separate member of a cooperative society.

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Short Answer

No, joint ownership with siblings does not automatically entitle each sibling to be a separate member of a cooperative society.

Detailed Explanation

Section 29 of the Gujarat Cooperative Societies Act, 1961 addresses the issue of membership in a cooperative society. This section states that a person can become a member of a cooperative society if they fulfill the qualifications and conditions specified in the by-laws of the society. The Act does not specifically mention joint ownership with siblings as a criterion for individual membership.

Rule 21 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the qualifications for membership. It emphasizes that membership is based on individual qualifications and adherence to the society's by-laws. Therefore, joint ownership with siblings alone does not automatically confer separate membership rights to each sibling.

In practice, if siblings jointly own property and wish to become members of a cooperative society, they would need to individually meet the membership criteria set out in the society's by-laws. Each sibling would have to apply for membership separately and fulfill the necessary requirements specified by the society.

Real-world Scenarios

  • Three siblings jointly own a piece of land and want to join a cooperative housing society. To become individual members, each sibling must apply separately, meet the membership qualifications, and comply with the society's rules.

  • In a cooperative credit society, two siblings jointly operate a business and seek membership. They would need to demonstrate their eligibility individually and follow the society's procedures for membership.

Step-by-step process:

  • Review the cooperative society's by-laws to understand the membership criteria.

  • Submit individual membership applications along with required documentation.

  • Attend any interviews or meetings as per the society's procedures.

  • Upon approval, each sibling becomes a separate member with their own rights and responsibilities within the society.

References

  • Section 29 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

  • Rule 21 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]

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