Can family members be members of society hinges on the relevant society registration legislation (such as the Societies Registration Act, 1860) and the rules/bye-laws of the particular society. According to commentary on the Societies Registration Act, there is no express prohibition in the act against related persons (by blood or marriage) becoming members or being office-bearers of a society.
Indeed, Indian residents who are legally capable may become members or serve on the governing board, regardless of familial relationships.
A recent decision of the Delhi High Court clarified that a registrar’s requirement that society members affirm they are not blood relatives was ultra vires: the court held that such a requirement infringes constitutional freedoms of association (Article 19(1)(c)) and equality (Article 14).
Thus, family relations alone cannot be a valid ground to refuse registration or membership.
In practice, many housing or cooperative societies adopt internal rules (bye-laws) that distinguish between members (owners or primary share-holding persons) and associate/nominal members (co-owners, spouses, children, or relatives).
In such setups, close relatives (husband, wife, children, parents, siblings) are often allowed to become associate members to represent the unit, attend meetings, or vote, provided the principal member authorises or nominates them under the bye-laws.
However, associate members may have restricted rights: for example, some societies may bar them from holding committee office.
In housing society contexts, the municipal or state cooperative registration rules often permit that adult sons or daughters of an existing member be admitted as additional members, particularly in terms of ownership transfer, subject to payment of dues and formalities.
But until those formalities are fulfilled, mere familial relation alone doesn’t guarantee active membership or decision-making rights.
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Can Family Members be Members of Society?
rishi
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2025-10-06T18:25:53+00:00 2025-10-06T18:25:55+00:00Comment
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