Hello, My query is regarding housing society Plot for following situation... Brothers jointly purchased a plot in Mumbai Suburb construct two storied building for their families 1965. Later their sons formed Cooperative Housing Society and registered in 1982. Society conveyance is not done so far, on property card sons name are recorded by mutation. My questions in this regard 1.In given situation who is the owner of Plot? Society or Brothers 2. Can any of them - brothers, sell his share in undivided plot to outsider bypassing society claim 3. Can person sell his share in undivided plot if his/her name is not on the property card 4. Can owner make deed/will for this land after Cooperative Housing Society is registered Will appreciate valuable and expert suggestions on this as I am totally confused Thanks and Regards, Pravina
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1. If no conveyance between the society and the owners then the sons are only the owner.
2. Yes in this situation the property can be sold outside,.
3.No he cannot till he has the title document and mutation done in his favour.
4. Yes the will can be made for the ownership of land but the residents shall have right over the flat or the building if residing there.
According to the Transfer of Property Act every joint or co-owner has a proprietary right of the entire property. Hence, any sale has to be done with the consent of all co-owners involved.
Dear,
- if conveyance is not done than brothers.
- with the permission of other brother he can sell.
- with the permission of other brother he can sell.
- only for ownership only, if they sell someone than no.
As on date brothers are owners of plot as conveyance not done in favour of society
2) society should issue legal notice to owners to execute conveyance in favour of society
3) opt for deemed convenience
4) brothers cannot sell plot to third party nor execute will in favour of third party
1. as conveyance is not done to society, on record, the brothers still remain owners
2. i do not think that can be done now. the brothers constructed a building on the plot. then allotted flats to their family members. the allottees then formed a society. so if the allotment of flats to family members was done against valuable consideration, then the society today is entitled to conveyance of land and building and the owners cannot take away that right from the society by selling their undivided shares. However if the flats were allotted to family members without any consideration, then the family members can at best be regarded as gratituous licencees and the owners would remain the owner of the land and building, despite formation of society
3. if name is not on property card then title is defective and therefore sale cannot happen. Even if it can happen there will not be buyers
4. the answer to this query depends on information on the following:
- whether the flats in the building were allotted to the family members without any consideration or against valuable consideration?
Dear Client,
Cooperative society is formed to give benefit to its individuals but no ownership but for formation of society 10 or more members required, how come just 2 story building owner with limited plot area can form society.
Brothers are owner.
Brother can sell the his share but same rights of brother joint possession or other common or part enjoyment of the house will not acquire to third party in undivided dwelling house and sale of share bypassing society by laws - stay will grant by court.
Name not in property card dose not make any difference.
Yes.
1. The brothers of the Plot had formed the said Co-Operative Society for constructing buildings thereupon. So, presently the Society is the owner of the said Plot including the buildings constructed thereupon.
2 & 3 The said society must be having bye laws based on which its members should act, inter alia, for selling heir undivided shares.
4. There are owners of the said plot and not a single owner. After formation of the Co-Operative society for the purpose of constructing building thereupon and after having constructed the buildings thereupon, the shareholders of the said Society will own the shares of the buildings as per their shares allotted and such ownership of the portions of the building will also including the proportionate share of the Plot/Land.
Hello,
The owners are the share holders of the cooperative society .
Regards
Respects Sirs, Thanks all of you for expert advice, after going thru all I have some doubts, will appreciate if you could enlighten me on those. 1. All Cooperative Housing Societies in Maharashtra are operating as per Model-bylaws prescribed in Maharashtra Cooperative Act 1960 and Maharashtra Ownership Flat Ownership Act 1963. As per MOFA it is binding on Promotors/Developers to convey the plot to the Society within in 6 months of the formation of the society. Failing to comply Promoter/Developer will be prosecuted even will be behind the bars 2 Referring to the point from Adv. Rampurwala mentioned – “if the flats were allotted to family members without any consideration, then the family members can at best be regarded as gratituous licensees and the owners would remain the owner of the land and building, despite formation of society” Here I would like to know is there any classification of Society on the basis of consideration in MS Coop Act 1960?? If yes, please share the clause or rule or any case, it will solve my problem 3 Does it means that this kind of society can go ahead for re-development without Conveyance? Today biggest challenge for Housing Societiy redevelopment is Conveyance because Maha. Government made conveyance or at least deemed conveyance mandatory for redevelopment 4. I will appreciate your comment on Notice of Motion (Rupal Ratna Coop housing Society) in Bombay High Court, wherein Justice Roshan Dalvi said “Society alone have right, title and interest on the entire plot of the land, Non performance of the Statutory duty and obligations would not alter Legal Position” Thanking you Shrikant
1. Mofa applies to promoters and flat purchasers who pay valuable consideration to builder
2. In your case the two brothers constructed a building on the plot owned by them and then allotted flats to their family members
3. If the family members were put in possession without paying any consideration to the brothers then they cannot be termed as flat purchasers and thus Mofa would not apply to them
1. Since there was no consideration and sale the MOFA provision wont attract the society was formed among the legal heirs.
2.Since the ownership is still in name of the family the conveyance wont be required as all the family members are the joint owners. and there names are reflected in ownership extracts.
File criminal complaint against builder for non execution of conveyance in favour of society
2) also file complaint against builder before consumer forum and seek orders to direct builder to execute conveyance in favour of society
3) society cannot go ahead with redevelopment without conveyance
1. there was no developer in the instant case for conveying the title of the plot to the Society.
2. In he instant case, buildings were constructed upon the Plot by its owners and after their demise, their sons had formed a co-Operative Society in connection with the Plot and the buildings constructed thereupon.
3. So, in he instant case, the Society has the right, title and interest on the Plot including the buildings constructed thereupon.
1. The current Property Card would show the present recorded status of the Land-Owners.
2. Once a Society is Registered and Irrespective of the Conveyance to the Societies name, The Land-Owners CANNOT Sell /Transfer /Mutate /Donate /Will /Gift / redevelop /whatever, of the property. This will be a criminal offence at the lands of the Land-Lords to do any such things.
3. Once a Society is registered, the property shall be deemed passed on to the Society, THUS truncating out ALL rights of the Land Lords.
Keep Smiling .... Hemant Agarwal
If the property have been conveyed to the society then the society is the owner, however mutation can be done at a later stage also.
If the property is still in the name of the sons, then they may have to partition and then sell his respective share,m however if the property has been conveyed to the society then they cannot sell the same.
No, it is not possible.
No, once the property has been conveyed to the society and the society has been registered then the society becomes the owner in respect of the property conveyed to the society.
