He cannot claim equal share in property
2) no gift deed has been executed transferring 50 per cent share in property in his name
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?
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He cannot claim equal share in property
2) no gift deed has been executed transferring 50 per cent share in property in his name
Whether that kind of property will be treated as owned or possessed property of such kind of joint member of a housing cooperative flat in west Bengal.
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
May it be treated as half share of the flat of such kind of joint member of a cooperative housing society?
He does not have half share in flat
to confer share in flat gift deed or sale deed in his name would be required
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.
This is related to west Bengal Housing cooperative law whether in legal point of view an joint member who later selected by an application of original member and with some fees is legally demand of half share of flat as his property.
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.
My advice remains same. Co operative societies Act doesn't override Hindu Succession Act.
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
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.
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.
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
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.
Depends what type of application moved by the owner if it is so then there must be some deed , go accordingly.
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.
- 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.
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.
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.
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.
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.
No joint member cannot claim equal shares in flat if he is not joint owner of property in sales deed.