Can anyone, who got the membership of a co-operative housing society in Kolkata, WB through a gift deed from his father, be a member of another co-operative housing society? This situation occurred when the gift deed was suddenly made during the time the person was waiting for the registration of his own housing society he had formed with his co-workers.
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In West Bengal person cannot be member of 2 cooperative housing societies
As per Chapter VIII, cl. no 92 (3),WB co-operative laws 2006, it seems that if a property is inheritedby you then said property shall not be a constraint while deciding eligibility of a housing cooperative membership of yourself or your family member.
Chapter VIII of the 2006 Act deals with special provisions with regard to housing Co-operative societies. One of the most common query regarding housing societies is whether a person can be a member of more than one housing co-operative society? The answer is a resounding No when it comes to West Bengal. A single member can own more than one flat but not two co-operative housing flats. As long as a person, or any member of his family does not own any plot, house or flat within the local limits of any municipal corporation or municipality or town or gram Panchayat or notified authority area where the housing Cooperative society is situated except for the one where he is applying or has applied. Then the person is under no legal disability to own more than one flat in that housing society. This implies that if the person has another flat or land or plot located at another different municipality area or town or gram Panchayats or notified authority areas then the person can still become a member of a housing cooperative housing society. This implies that a person can own a co-operative housing apartment or flat when the person’s other property is in different jurisdictions. However, ownership of 2 housing co-operative flats in West Bengal is not allowed.
Yes he can do that. The registered gift deed is valid
yes
gifting of a property by a donor to a donee is dependent on the acceptance of the gift by the donee
so once the gift is accepted the gift is completed and the property is transferred to the donee
if that same donee then intends to join another society then the bye-laws or the constitution of the second society should contain a restriction that any subscriber must not already be a member of another society within the vicinity of the society which is issuing the shares
so in absence of such a restriction a person can very well be a member of 2 or more societies in the same vicinity
Legally, there is no bar. Right to form association is one of the Fundamental Rights guaranteed under the Constitution.
Dear Client,
No. One can not become member of more than one co operative society.
In the facts and circumstances of your case you can be a member of two cooperative housing societies as the second one has been gifted to you. There will be no legal impediment in your case.
I had posted the above question and so far have eight conflicting replies. So I am totally confused not only with the answers, but in deciding where to go for further consultation. Please appreciate that I have compiled the answers with the best of my understanding. I may be totally wrong in my interpretation from the very short narratives and/or from lack of understanding the law. The compilation is done solely for its basic purpose of coming to a conclusion for multiple answers as received voluntarily from the forum. There is no other purpose of the compilation than helping to come to a conclusion of this critical matter. Please help. Ajay Sethi: YES, but it is not clearly mentioned whether the "inherited property" can be a cooperative housing or not. See reply. T Kalaiselvan: NO: :"This implies that a person can own a co-operative housing apartment or flat when the person’s other property is in different jurisdictions. However, ownership of 2 housing co-operative flats in West Bengal is not allowed". Note: both the properties are under same development authority Prashant Nayak: YES simply on the strength of the validity of a gift deed Yusuf Rampurawala: YES, but says depends on the clauses of the Housing Society bylaws tone intends to join after receiving the gift Swaminathan Neelakantan: YES, because anybody can form an association! Anik Miu: NO, advises withdrawing the membership Kallol Majumdar: NO, simply not possible Siddharth Jain: YES, as the second one is only gifted. I would tempt to believe that having two memberships is OK, if one is a gift. To my mind, one can say, "hey! What can I do, I have been given this without my knowledge". But the gift deed is valid, only when a donnée "accepts" the gift, which means, the 2nd ownership is possible always with the full knowledge of the donnée. However, the donnée may not be in a position to refuse the gift from sheer honor and respect and love. Am I right?
you can be member of 2 cooperative societies .if second property is gifted to you by registered gift deed
- YES, but after getting permission of the Registrar , a person can become the member of two cooperative societies , after one received by gift deed.
Yes your approach is right but the acceptance or refusal of gift deed should be express and in writing
Cooperative society act are state act and applies to individual states.
Which restricts the one nembership limit in the concerned state only. So one can become member of two or more societies in different states.
The concept of transferring a property by a gift deed is governed by the provisions of transfer of proeprty act whereas owing two properties in the housing society is governed by the laws/rules of the cooperative housing society of your state.
You can interpret the law as per your understanding/desire where as when the law is implemented in its own sense or meaning then you may be subjected to accept the law, therefore you may first of all ascertain all the factors involved in this before arriving at a conclusion on your own, if necessary yo may have a second opinion from an experienced lawyer in the local who is well in the knowledge about this situation
Thanks for your answers. I think I am close to a decision that one can become a member of a second co-operative if that is gifted. 1. That also means that donnée "can accept" the gift with the full knowledge that he is already a member of one 2. What is the extent of the punishment? At the worst case, when accused, can one sell the second property? Or will there be more implications? Thanks and Regards
section 138 West bengal Cooperative Housing Society rules. 138. Transfer and letting out by members of a housing co-operative society (1) In all cases of transfer and letting out of land, house or apartment written consent of the society shall be required.
2) Donor can obtain consent of society for transfer of his share of flat in your name by means of registered gift deed
3) at worst gift deed can be cancelled by mutual consent
If cheating is established then only punishment. In civil suit no punishment only damages
If you have decided to accept the second property of cooperative society as a gift defying the law or by becoming ready to face the consequences thereon, it is your own decision, no opinion can be rendered in furtherance.
The provisions of civil law may not pave way for criminal offence.
I would suggest plz check the bye laws of both the societies