ownership of 2 housing co-operative flats in West Bengal is not allowed.
since your husband already owns another flat in cooperative housing society you cannot as being member of same family own another flat
Transfer of unregistered Cooperative housing society property by way of transfer of membership
I became(Inherited?) member of cooperative housing society in 2006 in Kolkata by nomination after the death of my mother in 2000 who was original member when the society was formed. My apartment was allotted and is in my possession which is yet to be registered with state registration department. My husband has bought another property in 2004 in another cooperative housing society situated in the same municipality. Qs1. Is there any restriction in getting my flat registered in my name by the society as our family has two co-operative society properties in same town? (I failed to get my property registered, despite pursued since last 9 months but not getting any written response from the society office) Although my property was inherited, one board member (he is an advocate) opined that my husband's property is to be sold first to get my property registered thereafter by the society. Q2. Can I Transfer my property to a person not related to our family by way of transferring my society membership (shares) without going through the process of registration. Please explain the procedures I should follow. Please help as I am a senior citizen lady feeling helpless due to above act from one of the board member written above. Regards Soma Dutta
Asked 5 years ago in Property Law
Religion: Hindu
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8 Answers
1. If you have inherited the property from your deceased mother in the capacity of legal heir/successor in interest to succeed the estates left behind by her, then you can apply for transfer of revenue records to your name by attaching the copy of the death certificate of your deceased mother and a copy of the legal heirship certificate, before the revenue department.
Once the revenue records have been transferred to your name, you can get the other records transferred to your name.
After that you apply for transfer of share certificate of the flat to your name from your deceased mother's name in the capacity of Nominee as well on the basis of the revenue records and other relevant records duly transferred to your name.
In my opinion, you may not need to apply for registration of the property to your name for the inherited property, the records and documents for transfer of all the records to yor name shall be sufficient to prove your title to the property.
Further since this property was not purchased by you nor it was allotted to yo on your name by the housing board, and it was an inherited proeprty, this may not be accounted as second property within the same family besides a property already in the name of your husband.
Therefore if at all there is any objection, you can demand for the applicable law or rules by which they object or refuse your request to transfer the records of the proeprty to your name and then initiate proper legal action as per provisions of law to get relief and remedy from this crisis.
You can discuss with your advocate and proceed as suggested.
Dear Sir/Madam,
You are suggested that the opinion of the society management is not correct and you are suggested to file a suit of specific performance against the society management.
1. You can complaint to dy registrar if the said transfer is not done by society
2. Yes you can transfer.
Please consult local lawyer who is more conversant with local laws.
As per Chapter VIII, cl. no 92 (3),WB co-operative laws 2006, it seems that if a property is inherited by me, then said property shall not be a constraint while deciding eligibility of a housing cooperative membership of myself or my family member. I seek your valued opinion
Asked 5 years ago
You have rightly understood the law in this regard.
Thus the inheritance of the property of housing society by you should not be a constrained as you have rightly interpreted the law.
Let them issue a notice, you can challenge the same as per law.
It will not be constrained as the said society ownership is not a proof of ownership. Only will or succession law decides the same
On basis of clause mentioned by you if property is inherited it should not be considered while determining your eligibility to be member of housing society