• Cooperative society rules in West Bengal

I intend to buy a co-op property. However in the declaration it is written that "I intend to stay in West Bengal permanently" and "I and my immediate family cannot buy another property in Kolkata".
Do I need to abide by these clauses and stay in West Bengal for all of my future or can I move somewhere else while keeping this property and buy another?
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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14 Answers

You are at liberty to travel outside state for work purposes 

 

you can buy another property in city wherein yiu have shifted 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

You cannot buy another property in Kolkata 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

Hi,

The said provisions are contrary to that provided in contract act and you may not be fully bound to comply that.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Sir you can buy the property these classes won't effect as first is agaisnt the fundamental rights and cannot be enforced and second is contravining to provision of contract act so there won't be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

So you can freely travel and can purchase the property. Further more if you find an independent house then same can be purchased outside co-operative society.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the same is mentioned in the bye laws then you can not purchase the said property.

the co op society must have been established for a particular purpose and that is why the said rule is there.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) Yes, you can purchase additional second property in co-operative society.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Cleint,

Another co-op property may not be purchased as pre condition to buy co-op property but staying permanent IN WB is not a valid condition neither binding.

And on objection to buy NON co-op property.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. You can very well give the said declaration and vbuy the said property.

 

2. It will not restrain you in moving anywhere in India later on if you so decide.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.Yes, why not?

 

 

2. You can also buy a propery singly owned or from cluster of flats for which no  co-operative has yet been formed.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

This is really strange kind of conditions cannot be put to purchase a property in West Bengal

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you wouild like to buy the property then you may have to abide by the rules framed for this purpose.

There is nothing wrong in signing this undertaking for now, you may plan to alienate the property after certain number of years if there is a relaxation clause embeded in the terms and conditions.

 

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

Is it possible to buy a non co-op property?


What is non coop property?
Your original query was in connection with the cooperative property(?)
If you feel that you will be bound by this unnecessary bondage then you may think of
ignoring this property.

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

even if you sign anything which is against any law or your fundamental rights the same are not binding.

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

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