• Legal right of a joint member who has been coopted by the application of original member and fees

Whether in west bengal housing such a member who has later included as joint member on yhe basis of application and fees paid to society can have legal right to claim his equal share in flat?
Asked 3 years ago in Property Law
Religion: Hindu

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23 Answers

He cannot claim equal share in property 

 

2) no gift deed has been executed transferring 50 per cent share in property in his name 

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

He would not be treated as co owner of the flat 

 

if you want him to have equal share in flat executed gift deed to transfer 50 per cent share in flat in his name 

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

He does not have half share in flat 

 

to confer share in flat gift deed or sale deed in his name would be required 

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

Mere becoming member of a society doesn't make his co sharer of a flat unless he has undivided share in the flat.

For example a owner  can gift this flat to his one son by Will . Therefore on his death and on grant of Probate he alone would be vested with its title.  In the meantime if his other brother got somehow membership then also he would not be its co owner  

If you give further details then more assistance can be provided. 

Devajyoti Barman
Advocate, Kolkata
22859 Answers
492 Consultations

5.0 on 5.0

The share ratio if it is mentioned in the joint member agreement, hat will get applicable or its not mentioned then 50-50% sharing ratio if two members are owner , if it more than two members it will get divided equally according to members of the flat owner.

 

Here society can act according to the joint member ownership agreement, so kindly check what terms and conditions are mentioned in it.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

My advice remains same.  Co operative societies Act doesn't override Hindu Succession Act

Devajyoti Barman
Advocate, Kolkata
22859 Answers
492 Consultations

5.0 on 5.0

He cannot claim 50 per cent share in flat as no sale deed or gift deed for 50 per cent share has been executed in his name 

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

Just by paying the fees to the society and submitting an application for joint membership in the society, the new member cannot claim any share in the proeprty as a right.

The property has been bought by its owner by a registered sale deed in his favor, hence without the joint member's name appearing in the registered title deed, he or she cannot claim any share in the property.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

A person by giving an application for joint membership to the society cannot claim any rights in the property.

He can be a joint member to the property as far as society activities are concerned having his name incorporated in the share certificate of the society and not in the rgistered title deed.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

Joint member do not have any rights over the property until and unless his name is also included in the registered title deed, therefore there is no question of he or she claiming rights over the property

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

You have been advised that until and unless there is a registered title deed on your name which may be along with the original owner or separately, you may not  be able to claim any rights over the property even though you have paid the fees to the society, therefore you first ascertain the facts and then shoot out the question to clarify your doubt. 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

Depends what type of application moved by the owner if it is so then there must be some deed , go accordingly.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Only if he is a co-owner member and not associate member

Prashant Nayak
Advocate, Mumbai
32049 Answers
183 Consultations

4.1 on 5.0

Yes he can claim half of the share in the property .

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Joint member is entitled to have 50 % share in the flat admissible on the application of Original member of the Society after paying due charges to the Society. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

- As per the Act, a Joint member means a member who holds jointly a share of a society with another but whose name does not stand first in the share certificate

- Further, the joint member shall have the right to vote , in the absence of the member whose name stands first in the share certificate.

- Further, a Joint member has a right to attend General Body meeting in absence of Primary Member

- Hence, Joint member’s rights and original members rights have to be the same, and having equal right in the capital and property of the society with the first member.

- But, it cannot be treated as half share of the flat of such kind of joint member of a society. 

Mohammed Shahzad
Advocate, Delhi
13332 Answers
199 Consultations

5.0 on 5.0

he cannot claim equal share. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. The query is not clear.

 

2. How the third person has been made a joint member of the Society based on application and payment of fees?

 

3. Was there any gift deed in his favour registered by the owner of the flat?

 

4. However, without getting a deed of conveyance registered in his favour, no third party van claim share of the property/flat.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

1. The property will not be considered as owned by that person.

 

2. Without the Court order mentioning him as adverse possessor, he can not be called as adverse possessor also.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

1. On what ground he has been considered as joint member of the Co-operative Society? 

 

2. Has his name been mentioned in the share certificate issued by the said society?

 

3. Was he made a nominee?

 

4. Joint member of the Society can not be made unless he has some share on the flat as co-owner.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

1. The matter is not clear at all.

 

2. Was he authorised to act for and on behalf of the owner of the flat through a POA?

 

3. Without having coi-ownership of a flat, no one can become the co-member of the Society.

 

4. If he is the co-owner of the said flat,  then certainly he has the share on it as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

No joint member cannot claim equal shares in flat if he is not joint owner of property in sales deed.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the person who has become the joint member in subsequent application, will have equal share in the flat or not.
  2. I would like to apprise you that there are two types of joint members, one who has only possession right and second who has half ownership rights too.
  3. In your case, joint member would have the right to claim half share only if he has also been made a second joint partner in property ownership title documents, otherwise, it will not be giving right to have equal share in flat as a matter of ownership.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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