• Permission of registrar to transfer/sale cooperative society resale flat in West Bengal

In West Bengal, do I require permisson of registrar /deputy registrar of cooperative society to transfer/sell cooperative society resale flat ? Society is saying they have the full power and their approval is enough. I thought under section 142(1) of West Bengal cooperative society rules,1987 permission from registrar is required. Please clarify.
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

There is no requirement nor it has been mandated.

The provision of law what you refer may not be applicable to your situation.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. There is absolutely no requirement to seek permission of Registrar or DRCS to sell one a flat situated in a a society.

2. However NOC of the society is required but that is no mandatory either.

3 At present West Bengal Cooperative Society Rules, 2011 is in force.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You need NOC from society for sale of flat

2) you don’t need registrar permission for sale of flat

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

The permission of registrar is not required.

A noc from housing society need to be obtained.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly, the society where are you living, need to take permission if in case there is any clause in the society agreement.

Secondly, you can even move to straight away to the registrar to begin with the sell transaction as it is only who has full power to proceed with the transaction.

Thirdly, but, yes sometimes there are clauses in the society agreement also where you

Need to take their permission also otherwise no need to go for that.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Permission of society Registrar is not necessary in your case because the society has such power to give permission and thereafter get its approval from the society registrar by passing a resolution in General Meeting of the society. When a resolution is passed by the General Meeting of society and it is further authenticated by the registrar then the registrar will automatically validate all the decisions taken by the society.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hello,

The recent rules are West Bengal Cooperative Societies Rules,2011, which nowhere mandates that permission from registrar/ deputy registrar is required for the resale of the flat.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

For resale of the flat the NOC of the society is required for no dues outstanding and you as a legal owner of the flat and can sell and transfer the flat to the buyer of your choice.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Client,

Conditional purchase of sale in not valid, after paying full consideration and execution of registered sale deed, buyer is absolute owner and any such restricted clause if any, is of no consequences. No such restriction section 142(1) of West Bengal cooperative society rules.

Same is upheld by Hon`ble Supreme Court, No permission required, sell by choice.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You do not require the permission of the Registrar to sale your flat in a Co-operative Society.

2. You shall have to obtain N.O.C. from the Society for selling the said flat which will be issued provided all your dues to the Society are cleared.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

When society refuses to transfer the member can approach the Registrar under rule 142.

R u le 1 4 2 (2 ) W .B .C .S . R u les, 1 9 8 7 e m p o w e rs a C o -o p e ra tiv e H o u s in g society, th o u g h n o t in d icated in th e A c t, to raise such fee o r

d o n atio n as m a y be sp ecified b y the State G o v e rn m e n t fro m tim e to tim e ouse o r a p artm e n t to an other person h a v in g e lig ib ility to b ecom e a

m e m b e r o f th e society.

F ro m th is s u b -R u le (2 ), it is o b vio u s th at th e society m a y raise

d o n atio n o r fee w h ile acco rd in g consent fo r an y tra n sfe r o f lan d o r house or

ap artm en t. B u t it w as stayed u n til and unless th e State G o v e rn m e n t issued

N o tific a tio n s p e c ify in g q u an tu m o f such fee o r d o n atio n . O n 23*^^ June

2 0 0 3 th e S tate G o v e rn m e n t in exercise o f th e p o w ers co n ferred u n d er Sub-

R u le (2 ) o f R u le 142 o f th e W e s t B e n g a l C o -o p e ra tiv e S ocieties R ules,

1 9 8 7 , a llo w e d th C o -o p e ra tiv e H o u s in g Societies to raise fee o r donation

fo r a cco rd in g consent fo r tran sfer b y a m e m b e r o f his land, house or

ap artm en t to an o th er person h a v in g e lig ib ility to b ec o m e a m e m b e r o f the

society @ 0 .5 % o f th e sale v a lu e o f the concerned fla t / ap a rtm en t / house /

p lo t o f la n d etc. in th e said H o u s in g Society.^

b y N o tific a tio n fo r acco rd in g consent fo r tran sfer b y a m e m b e r o f his land,

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

West Bengal cooperative society rules,1987 have been overruled by West Bengal cooperative society rules,1987.

Therefore Rule 131 of West Bengal cooperative society rules,1987 reads as under:

(3) (a) For the transfer of land or house or apartment a member shall obtain a written

consent of the society and before giving such consent the society shall satisfy itself

that –

(i) the transferee is eligible for being a member of the society;

(ii) the transferee has genuine need for residential accommodation;

(iii) the transferor has paid off his outstanding liabilities to the society or, the

transferee undertaken to take over such liabilities of the transferor;

(iv) the transferee formally applies for membership of the society with

requisite documents like copy of bipartite agreement of the proposed deal

of transfer and a declaration to the effect that he will submit a certified

copy of the registered sale deed to the society.

According to Rule 138. Transfer and letting out by members of a housing co-operative society:

(1) In all cases of transfer and letting out of land, house or apartment written consent of

the society shall be required;

You can read the current rules as stated hereunder:

https://wbxpress.com/wp-content/uploads/2012/11/179-Coop.pdf

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

Yes, in every State it is customary as well as lawful to get permission from the Deputy Registrar of Co-operative Societies to sell the property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Words Like ‘Repay’, ‘Return’ & ‘Subject To This Condition’ Imply Agreement Is Not Of Absolute Sale: SC [Read Judgment]...

Read more at: http://www.livelaw.in/words-like-repay-return-subject-condition-imply-agreement-not-absolute-sale-sc-read-judgment/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You are worried about the permission to be obtained from registrar for resale of the property.

Though there is no such necessity, if you still believe it is required, what is the basis that you have come to this conclusion ?

If you have been misguided by anyone on this then you could have enquired about the relevant law also.

However when you make an application for certain requirement from an authority, you may have to mention the relief sought alone and you dont have to mention the relevant rule or law while seeking permission from an authority, they know the law for sanctioning the permission or rejecting it.

You simply submit an application mentioning your relief alone.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

you can refer to provisions of west Bengal cooperative societies act regarding sale of flat

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Please refer section 138 West bengal Cooperative Housing Society rules.

138. Transfer and letting out by members of

a housing co-operative society

(1) In all cases of transfer and letting out of land, house or apartment written consent of

the society shall be required.

(2) A member of a housing co-operative society in whose favour a plot of land or a house

or an apartment in a multistoried building has been allotted may transfer by way of

sale or usufructuary Mortgage as defined in the Transfer of Property Act, 1882 (4 of

1882) such plot or house apartment, as the case may be, on one or more of the

following grounds –

(i) that the member has been involved in debts and the transfer by way of sale

or usufructuary mortgage is necessary to pay off his creditors;

(ii) that the member is compelled to shift from the locality due to unavoidable

circumstances beyond the control of the member;

(iii) that the members is in urgent need of money to meet the expenses of

marriage or of education of his son or daughter or that the member is in

urgent need of money to meet urgent medical expenses of any of the

members of his family or any person fully dependent on him;

77

(iv) such other grounds analogous to those mentioned above as the „Board‟

might consider reasonable and justifiable;

(v) for obtaining written consent of the Housing Co-operative Society in terms

of sub-section (3) of section 92, the member shall apply in duplicate to the

Co-operative Society with credential of the transferee and with evidence of

circumstances under which he/she is compelled to transfer the flat;

(vi) the decision of the Housing Co-operative Society, on any application under

clause (v) shall be communicated to the member within 30 (thirty) days

from the date of receipt of the application. If the Housing Co-operative

Society refuses to give its written consent to such application, it shall

record the reasons for such refusal and communicate the same to the

member within 15 (fifteen) days from taking such decision;

(vii) where a housing cooperative society refuses or fails to give the written

consent under clause (vi) and if the member intends to prefer an appeal to

the Registrar against such refusal by or failure of the Housing Co-operative

society, he may prefer such appeal within 30(thirty) days from the date of

communication of the refusal or within 60 (sixty) days from the date of

receipt of the application of the member by the Housing Co-operative

society, but after expiry of 30 (thirty) days from the said date in the case of

failure of the Housing Co-operative society to give such consent; and

(viii) the Registrar shall, after hearing the applicant and hearing the co-operative

society, dispose of the appeal within 30 (thirty) days from the date of

preferring the appeal.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Sections of Acts are required for filing cases whereas you are just going to sell your flat for which you do not require any section..

2. Just engage a local lawyer to make the sale deed and then take appropriate steps to register the bsaid sale deed by producing the NOC issued by your Society.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Please see the below sections for registrar of transfer of sale cooperative society resale flat

20. By-Laws.- (1) By-laws to be made on such specific matter which the Act has provided for and under the provision of this Act on such other matters and such by-laws shall not be valid unless they have been registered under the Act.

(2) Subject to provision of this Act, the function of every co-operative society shall be regulated by its by-laws.

(3) The by-laws of the Co-operative society may provide for the following matters as may be decided by the general body

(d) Membership :-

(i) eligibility to obtain membership and the terms of admission of members;

(ii) conditions for continuing membership;

(iii) procedure for obtaining membership;

(iv) procedure for withdrawal and transfer of membership;

(v) procedure for termination of membership;

(vi) circumstances under which membership ceases;

(vii) procedure for cessation of membership;

(viii) eligibility of a nominal member and the terms on which a co-operative may deal with a nominal member;

(ix) nomination by member.

2) here you can directly sale the flat as per the Society bye laws and society approval is enough.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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