Q. In our society, a flat was jointly held in the names of mother (1st name) and daughter (2nd name) and they jointly authorised their son-in-law / husband respectively to become an associate member of the society. Thereafter, the mother expired. Her daughter continues to be the secondary member. The share of the mother in the said flat has till date not been transmitted to her heirs. In such situation can the associate membership of the daughter’s husband continue? Can he continue to be the managing committee member?
SA Siddhiqui, Varsova
A. Rights and duties of member have been specified under Section 154B10-13 of the MCS Act in this regard. Law provides that the associate membership will come to an end on the death of the member. Unless otherwise communicated in writing, the first owner of the flat is considered as the primary member by the society. In this case since the associate member was jointly appointed and the primary member has expired, the associate membership also will come to an end.
The heir of the deceased primary member will have to be brought on record by obtaining appropriate documents from them. It appears from your submission that presently the associate member is a managing committee member. Since the associate membership will not be continued in the event of the death of the primary member, he cannot be a part of the managing committee and will have to resign.
Q. A lady runs a dog care centre in my society. The dogs bark intermittently throughout the day, causing a nuisance. The flat is not kept clean and bad odour spreads in the building. The next-door neighbour and the flat owner above suffer a lot. Sometimes puppy breeding takes place. The society’s permission has not been sought for this. Since she is a lady, any confrontation often results in emotional appeals, with her justifying the activity as her livelihood. Please advise on what steps the society can take in this matter? It is important to note that animal protection laws should not apply here, as this is a commercial activity. Please advise.
Mayur Mehta, Dadar
A. The Indian Constitution recognises the rights of animals and has many welfare legislations for pets as well as stray animals. Running a dog care centre is a commercial activity as it is stated that the lady is doing it for her livelihood. Society cannot object to raising pets in residential flats but running a dog care centre and a breeding place on a commercial basis can be questioned by society. The bye-laws provide that change of use of the residential flat for commercial purposes is not allowed without the permission of the managing committee. Neither the local authority allows commercial activity in residential flats without proper permission barring a few professional activities like an advocate’s office.
The society should ask for the relevant permissions for running the dog care centre from the local authority/Animal Welfare Board and also ensure that the compliance requirements of hygiene and sanitation as mentioned under the Animal Birth Control Rules, 2023 are met. Generally, the society should have a pet policy approved by the general body.
As per the aforesaid rules, ‘Owner’ refers to the owner of an animal and includes any person, organization, or association that has possession or custody of the animal, whether with or without the owner’s consent. Thus the responsibility will be on this lady to fulfil all the obligations of the owner including deworming, immunisation and sterilisation. She should ensure that the dogs do not cause any nuisance to the neighbours.
Hygiene and cleanliness is important for the dogs and obviously for the humans staying in the building. The society can inform her to keep the place clean and odour-free, failing which the society can file a complaint with the Animal Welfare Board or the committee constituted for the purpose.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to [email protected]
