• Transfer of flat to my wife by registered gift

I was a member of a housing co-operative society since 1989  under West Bengal housing Co-operative Society Act and the housing society registered a flat in my name on 1999. Now I had transfer my ownership of the flat to my wife by a registered gift deed on May'2013 without taking prior permission from the society. After that I have applied my resignation to the society from membership and my wife applied for membership in my place to the society enclosing the copy of gift deed. The society received both the application on June'2013.
After one year i.e on June'2014 society replied "He should have taken prior permission from the Board of member before executing transfer of the flat in his wife's name,which he did not. Hence the transfer of the flat, in the form of gift is not valid". Society also quoting the rule as "No transfer of shares and interest is permitted without previous sanction of the Registrar"
Please advice that the gift deed is valid or not and my wife can be a member of that society
Asked 4 years ago in Property Law from Asansol, West Bengal
Violation of by-laws does not effect to this issue, except Govt.ownership in lease flat.Transfer of right and title is valid in terms of Transfer of Property Act,so Gift Deed is also valid.You should file a case against the society in Co-Operative Tribunal at New Secretariat Buildings, 3rd Floor,1, K. S. Roy Road, Kolkata – 700 001 .
Minansu Bhadra
Advocate, Kolkata
384 Answers
28 Consultations

4.9 on 5.0

1) you were absolute owner of flat since 1989

2) you are at liberty to transfer flat in your wife name by gift deed . 

3) once registered gift deed is executed your wife would be absolute owner of said flat . 

4) if society has rejected your application for transfer file complaint with REgistrar in this regard . 

5) you can also move cooperative court against the society for refusing to transfer flat in your wife name inspite of regd gift deed
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

1. The said rule has been made for illegal transfer/sale of the flats which gives birth to multiple future litigations. But unfoprtunately it has become a tool in the hand of the Society to extract money from the sellers/fresh buyers in the name of donation amount. If such donations are not given, permission is not granted and people prefer to pay off the donation than going to the Court,

2. Your case id a simple gift deed to your wife,

3. The Gift Deed is perfectly valid,

4. The society can not say that the Gift Deed is invalid,

5. Write to the Registrar of Societies about the said  refusal to transfer your share in the name of your wife,

6. You can file a declaratory suit also praying for a declaration that your wife is the bonafide owner of the said property and also a direction upon the society to transfer your share in the Society in her name.
Krishna Kishore Ganguly
Advocate, Kolkata
18535 Answers
449 Consultations

5.0 on 5.0

Hi, you have every right to make gift the property to in your wife name it is better you have to approach Register of societies and give complaint for acts done by the society.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

You can file a writ asking to give direction to change the society membership in her name.file a suit in the nearest civil court
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

1. Since you were the absolute owner of the flat you had an absolute right to transfer the flat to any one you desired. The gift deed made by you in favour of your wife is not tainted with any illegality. It is legally valid. 

2. You did not require the prior permission of the society before gifting the flat to your wife. Society is expecting donation to transfer the share certificate to your wife. Do not bow down to such unlawful demands.

3. Let your wife move to court and file a case for declaring herself as the legal owner of the flat and also seek a direction to society to give the share certificate to your wife. This shall suffice.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

A. Gift Deed executed by you in favor of your Wife absolutely valid.

B. Society cannot reject your application regarding transfer of membership based on none obtain of prior permission. 

C. Issue legal notice to the Society and challenge the act of Society before the District Registrar Co operative Society.
B.T. Ravi
Advocate, Bangalore
833 Answers
57 Consultations

5.0 on 5.0

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