transfer of membership in cooperative housing society in west bengal
1. The managing committee of the society must hold a meeting to understand whether or not the seller is eligible to transfer his/her membership rights. dont loose hope . 1. Type of housing Co-operative societies to be registered. There has also been a Court decision dismissing the declaratory suit filed by the Tenant on grounds that possession without title has no meaning and that there is no suit for specific performance of contract on behalf of the tenant and that your father being the valid holder of conveyance deed was the member and that the plaintiff remained to be a tenant conclusively ends the dispute. However, it is necessary that they have to possess ownership rights of flat owner or tenement owner of co-op. For any problem in Co-operative Housing Society matters, for free of charge advise kindly come with xerox copy of your documents, to Moneylife Foundation Office, at Dadar west, near Shivaji Park, on Tuesday, between 4 pm and 7 pm, after you fix your appointment with Shanbhag, on Tel. A minimum of ten members are required to form a cooperative society… The West Bengal Co-operative Society Act, 2006. It is also pointed out, that the Secretary of ‘the Cooperative Society’, through a covering letter dated 16.08.2003, sent all papers with reference to the transfer of the membership of ‘the Cooperative Society’ from the name of Biswa Ranjan Sengupta, to the name of Indrani Wahi, to the Deputy Registrar, Cooperative Societies. Affidavit made before the notary or executive magistrate. 2) the registrar has deliberately ignored said judgement, 3) the said judgement specifically mentions that audit reports is prima facie evidence of membership, 4) further judgement mentions that whether any resignations are on record have to be considered by registrar, 5) in appeal rely upon said judgement and specifically plead that said judgement was placed on record but registrar refused to consider SC judgement. You are expected to get reply from them to decide your course of action. 3. Get legal answers from lawyers. © 2013-2021 Kaanoon Corporation. Registration Procedure 1. 88. 2. 3) the agreement for sale entered into , payments made correspondence entered into with society have to be perused to advice . A co-operative society is a special type of business organisation, its characteristics are as under: Open membership: The membership of a Co-operative Society is open to all those who have a common interest. 1)if tenant has not paid rental since 2005 issue legal notice for recovery of arrears of tent and file suit for eviction, 2) you have already filed appeal against the arboreal award . So, you have a valid reason to agitate and appeal against the order passed by the Arbitrator/Assistant Registrar. My uncle purchased a flat of a co-operative housing society and he is the member of that society. 2. 3. 4) also file suit for eviction of tenant . have you returned said money? You have good case on merits. Since housing society is also a cooperative society this equally applies to housing society also. It's quick, easy, and anonymous. to receive money notwithstanding transfer of mortgage deed to West Bengal State Co-operative agriculture and rural development bank etc. 1. The act of the society is bad at law. It has been experienced and seen that law relating to nomination and succession in Housing Societies has been interpreted vide plethora of judicial decisions. 2. local Authority public trust can eligible for membership of the co-operative housing society. 3. 1. Dear Client,In that case you should file a complaint againsgt WB Housing society and also file RTI for seeking the procedure. The Maharashtra Ownership Flats (Regulation of the Promotion, Construction, Sale, Management and Transfer) Act, 1963 (Hereinafter referred to as “the MOFA”) was an attempt to mitigate all the unscrupulous practices pertaining to promotion, construction, sale, management and transfer of flats sold on an ownership basis within the State of Maharashtra. A Co-operative society registered under M.C.S. In fact the share certificate issued in faour of your uncle by the Society needs to be changed and your name should be added in place of his name. Take the documents and death certificate of your uncle and all the legal heirs can apply for succession certificate from court in case your uncle has not prepared a will. 2. The Society is not required to refund the share value since the share is transferred by the old member vto the new member. So, the allocation of membership, even if issued erroneously, has to be cancelled. – The available sources of purchase (1). to receive money notwithstanding transfer of mortgage deed to West Bengal Slate Cooperative agriculture and rural development bank etc. 1. what happened to part consideration paid by tenant to your father ? In Indrani Wahi Vs Registrar Of Coop. The Department of Housing undertakes various activities mainly relating to the framing and implementation of various Social Housing schemes through the Directorate of Housing and West Bengal Housing Board.Besides, there are two other Directorates under the administrative control of the Housing Department viz. In respect of applying Co-operative Housing Societies Manual, Government of Maharashtra No. ; (23) "framers' service co-operative society" means an agricultural It's quick, easy, and anonymous. 1) you have to wait for disposal of appeal by tenant for deletion of tenant name as member, 2) further you have to challenge order passed by arbitrator treating your father letter as resignation. It is be noted that under the old 1972 act a company cannot be a member of a cooperative society. Lawyers are available now to answer your questions. Complain to jurisdictional Registrar of Co-operative Societies against the WB Housing Society in not honouring your uncle's nomination. The society will now argue that your father has requested them for transfer of his membership and it is implied that he has resigned since without resignation membership can not be transfered.