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Co-operative Housing Society Rules West Bengal

A cooperative housing society in West Bengal is formed under the West Bengal Co-operative Societies Act, 2006, which however came into force in 2010. Along with the West Bengal Co-operative Societies Rules, 2011, the 2006 Act regulates the formation, structuring and working of co-operative housing societies in West Bengal.

Housing Co-operative society is defined under Section 4(36) of the 2006 Act. What is important to note is that a member of the co-operative society in West Bengal or Kalyani can be single, joint or nominal member as defined under Section 4 (41) of the Act.  A Co-operative housing society means a co-operative society, the object of which is to provide its members with dwelling house, apartments, or lands or construction of dwelling houses or apartments, and maintenance of common services in connection therewith, and includes a federation of such societies. Members holding a particular flat in a housing society jointly can be in the relationship of (i) husband and wife, or (ii) father and son or daughter and (iii) mother and son or daughter. Further, under Rule 2 (k) of the WBCS Rules, 2011, family also includes adult son or daughter irrespective of marital status in addition to the members defined under Explanation of Sub-Section (3) of Section 16 of WBCS Act, 2006.

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 yes. 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 different housing societies located at different municipality areas or towns or gram Panchayats or notified authority areas. This implies that a person can own more than one housing co-operative society property in different jurisdictions.

Another important facet to note that has been asked by a lot of developers and promoters who wish to build a co-operative housing society in a self owned plot and whether it is allowed in law. It is absolutely allowed. Any person can construct flats in his own plot of land and later create a co-operative housing society and sell of the flats. The only impediment is Section 87 (1) (f) of the 2006 Act which states that an individual cannot be a member of the Co-operative housing society if he has entered into any contract with the housing society in the matter of any work constructional or otherwise relating to a project of the Cooperative society. This implies that the member cannot later enter into construction work for the housing society after the flats are constructed. However, he is always free to construct the flats and then sell them off to members. This is also resonated in Section 131(6) of the West Bengal Co-operative Societies Rules, 2011 which states that a person who has entered or intends to enter into any contract with a co-operative housing society in the matter of any work, constructional or otherwise, relating to a project of the society shall not be eligible to be a member. However, where a person conveying a plot of land in favour of a co-operative housing society intends to become a member of such society without any additional consideration and is otherwise eligible for such membership, he may be admitted as a member of such society.

The definition of member and family is often complicated by legal jargon. However, simply speaking, a co-operative housing society can be constructed by members of different families. For registration of a housing Co-operative society, a minimum of 8 members are required from different families as provided under Section 16 (3) of the Act.  Section 130 (2) of the West Bengal Co-operative Societies Rules, 2011 states that in a co-operative housing society the number of members shall not exceed the total number of plots, houses or apartments proposed by a society to be allotted to members under any scheme or project of such society. Further, a member shall be eligible for allotment of only one plot, house or apartment in a housing co-operative society. Under the Act, it is explained under Section 16 (3) that a family is generally deemed to consist of Husband, Wife, Minor sons and daughters, dependent widow of a predeceased son, minor sons and daughters of a dependant widow of a predeceased son, husband’s and wife’s dependent parents and dependant divorce daughter. Anyone, outside of this and far-off relatives are free to be members of the same housing society.

It has been held in by the Supreme Court in Gayatri De v. Mousumi Co-operative Housing Society Ltd. and Ors. [2004(2) WBLR (SC) 364] while dealing with Sub-section (3) of Section 87 of the said Act and, thereupon, observed in paragraph 26 of the report as follows:

“26. In terms of the Act and the Rules, the heirs of a deceased person are, therefore, entitled to inherit the flat allotted to the deceased as in the instant case. Admittedly, the flat in question was allotted to the father of the appellant who died thereafter and as a consequence thereof, the heirs of the said deceased became and would be entitled to the estate and as a result thereof to the said flat with proportionate interest in the land. The declaration contained in Sub-section (3) of Section 87 of the said Act is clear and unambiguous. By such declaration it has been made abundantly clear that in relation to an immovable property allotted by a Housing Co-operative Society, the legislature did not intend to change the line of succession of a member in his such allotted property. The statutory embargo is that such a property cannot be sub-divided or partitioned.

In Parul Sengupta vs Registrar of Co-op Societies [2005 (1) CHN 281], the court held that the writ petitioner, in whose favour nomination has been made, shall not be made a member of the said Society and having regard to the legislative intent contained in Sub-section (4) of Section 69 it may not be possible for us to direct the appellants to be joint members along with the writ petitioner, but to protect the interest of the appellants in the flat, which they have inherited, it is necessary for the said Society to record their interest expressly in the Share Certificate as well as in its records pertaining to members and, in particular, in the register of members so that one of the joint owners merely because of the nomination in her favour cannot transfer either the share, in which she has a part interest, or the allotment, where also she has a part interest, for the same is expressly declared to be transferable and, accordingly, can only be transferred by express consent of all the heirs.

For more information about Disputes and Differences in Co-operative Housing Societies you can read my post here: http://advocatechenoyceil.wordpress.com/2014/04/10/disputes-and-differences-in-co-operative-housing-society/

For registration of a Co-operative housing society, FORM I for the registration of a Co-operative Society with limited liability under Rule 9 (1) has to be submitted to the Registrar of Co-operative societies in the following format.

PART-I

To

The Registrar of Co-operative Societies,

 Dated …………. 20….

Sir,

We, the undersigned, agree to the enclosed by-laws and under section 16 of the West Bengal Co-operative Societies Act, 2006 (West Ben. Act XL of 2006) apply to be registered as a co-operative society with limited liability under the title of …………………………….……. the registered office being at ……….…………………… Post Office ……………….……………. Thana ……………………….. Town/Panchayat ……..………..…………………………………… Sub-division ……………………..…………….. District ………………………………………..

Thereafter provide the Name of Applicant for Registration, Father’s Name, Occupation, Age, Permanent Address, Present Address, Whether member any other society and Signature or L.T.I. of applicant

In PART-II of the Application provide:

1. Name of the proposed society ………………………………………………………………………

2. Nature of liability of members …………………………………………………………………

3. On share basis or without shares …………………………………………………………………

4. Number of applicants …………………………………………………………………………….

(a) Individual :

(b) Co-operative Societies :

5. Names of the members of the first board (constituted under section 16(2) (c) of the Act.

(1) …………………………………………………………….. Chairman

(2) …………………………………………………………….. Vice-Chairman

(3) ……………………………………………………………..

(4) ……………………………………………………………..

(5) ……………………………………………………………..

(6) ……………………………………………………………..

6. Names and address of the person (Chief Promoter in the case of a housing co-operative society) to whom communications, if any, are to be addressed till registration of the society

………………………………………………………………..

7. Certified that each of the applicants belongs to a different family as required under section 16(3) of the Act.

Signatures of three applicants authorized by the promoters to sign and certify on their behalf

(1) ………………………………..

(2) ………………………………..

(3) ………………………………..

Date: …………………………

 Registration Procedure For Co-0perative Housing Society

Step -1:-Purchase 3 copies of Application Form (Form No-1) and three copies of Bye laws.

from either West Bengal State cooperative union, 23 A, Netaji Subhas Road, 7 th Floor,  Kolkata-7000001

or from Office of the District Cooperative Union of all Districts.

Step- 2:- Obtain confirmation / approval of the proposed cooperative society from the office of the concerned Registering Authority.

Step-3:- a. Fill up the Application Form and the bye laws in triplicate.

b. Get them signed by all the intending and eligible members.
c. Get the signatures attested by the Chief Promoter (both for the application form and bye laws).

Step-4:-Enclosed the list of following documents along with the Application Form.

  1. 3 copies of the bye laws duly filled in along with the resolution adopted by the promoter members and also in keeping with the relevant provisions of the West Bengal Cooperative Societies Act and Rules.
  2. Photocopy of plot allotment letter issued by the appropriate authority /
  3. 2 passport size photographs of all the intending applicant members signing the application form and the bye laws including the Chief Promoter.
  4. (a) Either latest Salary Certificate or copy of Form 16 reflecting  deductions

Professional Tax and duly signed by the Head of the Office or D.D.O.
(b) other professionals should have to submit the Professionals Tax
Registration Certificate or Professional tax Enrolment Certificate as the case
may be.
(c) Govt. Pensioner should have to submit copy of latest I.T.R and copy of
pension payment order.
5. Declaration in the form of affidavit before a Magistrate or a Notary Public as per
model proforma.
6.    Copy of the resolutions of all the Promoters’ meetings.
    7. Copy of Application for nomination submitted by the each applicants.(enclo C)

8. Declaration of the Chief Promoter addressed to the Registering Authority as detailed under:-

a) I have not acted as Chief Promoter or acting as Chief Promoter in any other Cooperative Housing Society other than the proposed society.
b) It is the sole housing project sponsored by the proposed society.
c) I have obtained the affidavits, nomination, photographs in duplicate, salary certificate / copy of F-16 / P. Tax Registration Certificate / P. Tax Enrolment Certificate.
d) I will furnish all other related document or information considering the nature/ type of cooperative housing society as and when called by the Registering Authority.

9. Statement of up to date accounts (receipts & payments) indicating the period of accounts.

10.    Any other document depending upon the project and nature of the society.

All the above documents excepting the affidavits should be attested by the C.P.
The Chief Promoter’s photograph should be attested either by M.P / M.LA / Local Municipal Commissioner / Prodhan of G.P /Group a Officer of Central / State Govt.

409 Comments

  1. I WANT TO KNOW THAT, TO MAKE A HOUSING CO OPERATIVE FORMATION. HOW MACH MINIMUM LAND REQUIRED. WE ARE 8 MEMBER. WE HAVE 6 KATHA&1.5 CHATAK AT KALYANI. WE WANT MAKE A HOUSING CO OPERATIVE.IF IT IS POSSIBLE PLEASE HALP US.

  2. SIR,WE ARE 8 GOVT. EMPLOY WANT MAKE 8 FLAT AT KALYANI, WE HAVE A PLOT AT KALYANI,SIZE 6 KATHA1.5 CHATAK. WE MEET KALYANI STATE MANAGER & KALYANI MUNICIPAL CHAIRMAN. THEY SAYS THAT NOW AT KALYANI MINIMUM BELLOW 7 KATHA IS NOT POSSIBLE TO MAKR A HOUSING CO OPERATIVE. BUT HISTORY SAYS OTHER. MANY HOUSING CO OPERATIVE FORMATION AT KALYANI MORE THAN 5 KATHA &MAXIMUM LESS THAN 6 KANTHA. WE ARE CONFUSED THAT MUNICIPALITY LAWS ARE DIFFERENT FOR DIFFERENT PLACE. PLEASE ADVICE ME RIGHT WEAY. YOU WANT US DETAILS MEANS !!!! WE HAVE A PLOT AT KALYANI. A, 11/ 29. ALL PAPERS OK. WE ARE 8 EMPOY. PAPERS ARE RADY. WE WANT TO MEET PHYASICALY OR BY TELEPHONE. SUGGES US. HTANKU

    1. At Kalyani the Municipality has recently passed a board resolution altering the earlier guidelines of constructing ownership flats in over 5 katha freehold land, while Co-operatives can now be constructed in over 7 katha land. However, legally speaking municipality board resolutions can be challenged in court if they are unconstitutional and arbitrary.

        1. The urban development and the estate manager has to ultimately pass the sanction order and its hard to keep track of the notifications that keep altering with time. West Bengal land reform and land laws are always getting tweaked so it is best to contact the urban development department salt lake to find out the newly imposed restriction of 7 katha and above. I’m sure there must be some notification that guides transfer of plot to cooperatives.

  3. Sir,
    First, let me thank you. Your articles are quite informative. Sir, we have a 8-member registered cooperative housing society in New Town Rajarhat Action Area I. We propose to construct a G+IV building with four 3BHK and four 2BHK flats. I understand that NKDA has no issue in this arrangement and we can get CC when completed. However, is there a problem when individual owners will go for registering the flats in their name due to all the flats not being identical?
    Shall be obliged if I hear from you.
    Regards,
    Amitabha Ghosh

    1. No, why should there be any difficulty in registering flats of different sizes in a given society. As long as there is valid flow of title to the legal owners there should be no impediment to registering the said flats.

  4. Hi,
    I have a share in one of the cooperative housing society of 8 members in Kolkata area, where my father also has one share (he is not a dependable parent). My question is when it comes to nominee, I have my spouse as my nominee, can my Father consider me as his nominee (My mother died 10 years back), keeping in mind I am one of the member of the same cooperative housing society. If not then what can be the solution , can my spouse be my father’s nominee.

    1. Nomination depends on you and your society. However you must remember that nomination does not imply legal right to property upon demise of present owner. In absence of a will, the share in the property/share would devolve in accordance with rules of succession. Im sure you can or your spouse can be a nominee to the share of your father. After all a nominee isn’t entitled to the property automatically but rather holds the property in trust upon demise of the original owner to distribute the property amongst the legal heirs unless the nominee has also bequeathed the property by way of any will or testament. Hope it helps.

  5. We are a MIG co-operative in Kolkata Newtown Area. We have our Plan Sanctioned for building construction. We want to start construction but are there any legal huddles (in terms of TAX) if we want to construct the building our self keeping a Labour contract. Do we need a PAN card or any other information we need to adhere. Please advice.

    1. Generally co-operatives are exempted from tax but there are certain income like renting out open spaces or parking to non members that may be classified as income and hence taxable. Please note that filing of returns is recommended for co-operatives but in the end on the concept of mutuality and sharing of funds amongst members, most cooperatives have not cared to file their returns.

  6. Hello Sir, I have a co-operative flat in Salt Lake. Can I be a member of a co-operative in New Town, Kolkata. Please advise.

    1. Yes, definitely you can be a member of co-operatives located under different local body jurisdictions. I think New Town Development Authority is the local body that has attained municipality status or maybe yet to achieve. While Bidhannagar municipality guides Salt Lake. So I dont see why you cannot be member of co-operatives in these two different locations. Hope this helps.

  7. Helo Sir/Madam,

    My father constructed a house in a Co-operative society at Kolkata. My father expired 3 months back and now my 70 year old mother is alone in the house. I am the only daughter and I am married and stay outside West Bengal, hence we have decided to sell the house and bring my mother to stay with us. The land is leased to the members by the society, however the houses have been constructed by the members individually. We have appealed to the society to make early arrangements for transfer of membership as a buyer is already ready to purchase the property. My mother has also urged them number of times to do something as she also does not want to stay there any longer. The committee members are not taking any step and they are delaying the matter unnecessarily. They do not respond properly when we call them and ask for updates. Please let me know what should we do if they do not take any action and whom to approach for this.

    1. Write a letter to the co-operative society regarding the new buyer/member and forward the same letter to the deputy registrar, west bengal co-operative society for an early decision. If the society still delays then write abother letter to the deputy registrar, west bengal Co-operative society for intervention and action against the society. Let me know if it helps.

      1. Thanks for your reply. My father had applied for transfer of membership to the same buyer more than a year back, however they were delaying unnecessarily.After my father’s demise 3 months back my mother and I had made an application again with reference to my father’s letter stating that we would like to immediately sell the house as my mother cannot stay alone at this age. Till now they have not taken any action, it is more than a month that we have made the application.

        I have one more doubt in this case, my father had nominated my mother for membership in the society in the event of his death, as every member needs to nominate one person as the member. I came to know that if now they transfer the membership to my mother’s name we will not be able to sell the house or transfer membership to another person for one year. Please let me know if this is true and if so what action can be taken to make the sale possible.

        1. The bar of transferring co-operative flat in West Bengal within one year of getting membership is true as enumerated in Section 78 of the WBCS Act, 1983. Further, your mother can write both to the Society and Deputy Registrar for further relief and seek information whether she has been made a member of the society and seek permission to transfer the flat as she has to reside with you due to her ill-health.

  8. Sir,
    I would like to know the duties,power,and authority to ammend a law,rules etc.a housing society can have as per direction of registrar of co-operative societies,govt,of west bengal.

    1. A Co-operative society can amend its by-laws in accordance with Section 19 of the WBCS Act, 2006. Under Section 19, the Society may by amend its by-laws or rules by passing a resolution in a general meeting that is adopted by two-third members of the society. Further, under Rule 12 of the WBCS Rules, 2011, the amendment must be submitted to the Registrar in Form VIII for registration within 30 days from the date of adoption of the resolution. Once the amended by-laws are registered, the Registrar will provide a certificate of registration of amendment of by-laws. However, any amended by-laws must conform to the objective and function of the WBCS Act, 2006.

      A sample Form VIII looks somewhat like this:

      FORM VIII
      Form of application for the registration of amendment
      of by-laws of a co-operative society
      [ Rule 12 ] Section 19
      To
      The Registrar of Co-operative Societies, West Bengal
      Dated the ……….20………
      Sir,
      We, the undersigned, enclose herewith in duplicate/triplicate the marginally noted
      amendment of the by laws of the …………………………. Co-operative Society in the district of ………..
      and to apply for the registration of the amendment under section 19 of the West Bengal Cooperative Societies Act, 2006 (West Ben Act. XL of 2006) in supersession of earlier bye-laws, if any.
      The necessary particulars about the general meeting at which the amendment was passed are noted below :-
      (1) Date of the meeting
      (2) Number of members present in person
      (3) Number of members who voted in support of the amendment.
      (4) The total number of members of the society on the date of notice of the general meeting.
      * 2. Reasons for the number of members adopting resolution being less than one-third of the total number of members.
      We certify that the adoption of the proposed amendment would be in the interest of the society and that such amendment is likely to be approved by the general body of members.
      ( Seal ) Secretary/Chief Executive Officer/
      Member of the Board
      1.
      2.
      ………………………………………… Co-operative Society Limited
      _______________________________________________________________________________
      Paragraph 2 may be struck out when unnecessary.

  9. Hello Sir,

    I have a question regarding multiple membership in the same society. My father and brother currently own an apartment in the same society. We want to transfer the ownership of my brother’s flat to our mother. Would it be permissible given her husband is already a member of these same society?

    Thanks

    1. A family includes husband and wife and the WBCS Act, 2006 bars husband and wife to own two separate flats in the same housing society. However, if originally it belonged to your brother and now the society and the Registrar has no objection to the said transfer of the flat to your mother, then who can object to that?

  10. Sir, My mother owned a flat in her name in a co-operative housing society, she passed away without making any nomination or a will. We are 4 siblings and want the property to be transferred in the name of any one of us. Kindly let us know the proper procedure for the same and reference to any law/act for the same.

    1. Apply to the society and they will guide you. However, since your mother has not made any will the flat would legally pass on to all legal heirs under the succession act. If you want any one of you to be the sole owner of the flat then you can give your noc to one of your siblings and see if the society allows the transfer on that basis. Or else the other three siblings would have to formally relinquish their share in the flat to one of the siblings. Further, the society may also seek succession certificate so if required you should apply in court for the same.

  11. Dear Mr. Ceil, I have bought an apartment in Kolkata and I have been asked by my friends to become the President of the Association, which is going to be registered soon. If I agree, what declarations or certificates I have to submit (about my income and property etc.). It will be a great help, if you can kindly reply to my query. Regards. D. Datta

  12. I Mr.Tushar Kanti Roychowdhury is residing in Recol Park Durgapur which comes under W.B co-op society.My mother was the member of the society and my father died much before..After my mother’s death the society made my elder brother, the member of the society without taking NOC from me.My mother made both me and my brother the nominee.Will the membership be declared as void?Also tell me shall I be declared as associated member along with my brother

    1. The society is bound to transfer membership to the nominees as nominated by the member at the time of death. You should have informed the society about your mother’s death and sought for joint membership. Further the society is supposed to maintain a register of the names of all nominees. The membership of your brother cannot be declared void if he too was a nominee. However, you can write to the society to allow you to become a joint member along with your brother.

  13. How to obtain a duplicate registration certificate for a co-operative housing society in case it is missing?

    1. You can report the missing certificate to the local police station and thereafter write to the registrar and attach the police diary entry of the missing certificate.

  14. I am the member of a housing co-operative society at Salt Lake. I am interested to purchase an apartment just beside of that. Can I become the member of another cooperative housing society at the same locality but different co-operative? Can I apply to DRCS for this permission?

    1. According to the given rules, it is the norm that one person cannot own more than one apartment within two different co-operative housing societies. But you may inherit them or there may be special circumstance. You may check with DRCS.

  15. Our housing co-operative society has recently passed a resolution not to allow the parking of more than one car of any resident within the housing society complex. Although, when we taken the membership of that co-operative society, this rule was not there and many residents park there 2nd car within the society complex. Can the society changes such rule through a general body meeting? Is it require to take approval of the changes in the rule from the Deputy Registrar of Co-operative Society?

    1. It depends on the existing bye laws and whether the society has altered them. If there has been alteration of bye laws then the society must get them approved by the Registrar. If resolution has been passed it requires approval of the Deputy Registrar.

  16. For various disturbing and threatening occurencies one principal member applied to the registrarar of west bengal co-op society to cancel the joint membership of her elder son.when a mother had to appeal to the court of subdivisional magistrate against her elder son to meet her both ends meet then how she can rely on her elder son that after the death of the principal member [ mother ] when joint member will become automatically a principal member he will definitely will try to deprive the younger brother from enjoing the parental home in that co-op housing society.I want to know here from the legal advisor is it possible to cancel the joint membership as it was provided to the elder son by taking no objection fron the young son.under which section mother, the principal member can file a petition before the honourable registrarar clarifying the cause of her anxiety towards her younger son.Here it should be mentioned that the secretary,the chairman of the co-op society know all the facts and they are ready to take steps against he elder son if the honourable registrarar grants and direct them.

  17. Can a housing society charge for parking on common area to a member? There is no parking space demarcation in my society and most members / non-members part their vehicles on one side of the road. It is legal to pay monthly charges when the society has not demarcated a specified parking area and is not providing any benefit whatsoever (eg. parking area demarcation) against the charges?

    1. Open parking space can be charged. However, it depends on the overall plan of the society and the agreement entered into between the society and its members as well as the development agreement. See, if in the agreement, the housing society were to construct a parking lot then you may raise objection to the charges until the same is constructed. However, you can always seek clarification from the society about the charges and if no amenities are being provided then you may object to the same and complain to the Registrar.

      1. Thanks for the reply. There are no amenities being provided against the parking charges. The society claims that the charges are to discourage members from parking vehicles in common areas of the society. Unfortunately, there are not enough garages to accommodate all cars. I feel that if a fee is being charges, a service should be provided against it. At least efforts should be made to demarcate common parking spaces, but that’s not being done. Most of us have to park cars on either side of the road in front of garages owned by other members.

  18. My mother-in-law is a member of a Co-Operative housing society and having a flat. Now she wants to extend her membership to her daughter’s name along with her name and applied for the same. Co-Operative housing society has not accepted the application. Can a Co-Operative housing society do this ? What we should do now?

    1. Extend her name? You mean by nomination? You can write to the Deputy Registrar for intervention into the matter. The Co-operative society must have given some reason behind the rejection. Follow it up with them and thereafter complain to the Registrar.

  19. A co-operative society consisting 48 flats established in the year 1978 at Kolkata. a lot of flats transferred by way of name change in the share certificate. On last month all the members except me and some others (original members) asked to register as per circular all their flats by the President and Secretary of the Society.. Now my question is what will be the stamp duty and registration fees in our case and what will be the basis of calculation of market value of the Flat and what documents are required? Can the Registrar is empowered to market value of all the present member on the basis of valuation of flats of original members?

    1. Yes…i think there has been a change of law to allow registration of flats in west bengal at the market rate of when such flats were bought. Check with your society.

  20. Hi,
    I am going to buy a lig flat from an existing owner in newtown kolkata. But i have found that the lig shares are leasehold.
    Also only 6 parking spaces are mentioned in the cooperative building plan whereas 8 members are there in the society.
    Need your advice on this. Owner is saying its a typical policy to mention 6 parking places in such cooperative although u can place 8 cars.
    Please suggest

    1. Leasehold property would lead to leasehold rights in the co-operative. As for the parking lot, open spaces can also be utilized for parking. Check with the society if there are any concerns but I don’t think there would be any problem. It might be that at the time of inception, all 8 members may not have required car parking space so it was not included accordingly in the building plan.

  21. we want to know that hand raising is the legal procedure for new board formation at Annual General Meeting ? We want existing board dissolution and reconstitution of new board please
    confirm as early as possible because our AGM DT. 25.05.14

    1. WBCS Rules, 2011, Rule 28 specifically states that all voting in annual or half yearly or special general meeting can be by show of hands. Voting by poll or ballots is only necessary in case of election of members. Good luck!

  22. i am a member of a cooperative hosing society, one of us expressed his desire to transfer his membership . what are the procedure to enroll a new member and what rules to be followed. is there a standard book regarding hosing cooperative rules which we can purchase

    1. You have to apply to the society for transfer of membership in co-operative housing society. Seek their advice. I’m not aware of any book, but there is possibility.

  23. I HAVE OWN HOUSE IN THE NAME OF MINE IN DURGAPUR MUNICIPALITY CORPORATION;CAN I OR MY WIFE CAN TAKE THE MEMBERSHIP OF COOPERATIVE SOCIETY FOR FLAT IN THE SAME MUNICIPALITY AREA WITHOUT SELLING MY PREVIOUS HOUSE.PLEASE REPLY;

    1. I HAVE OWN HOUSE IN THE NAME OF MINE IN D IN THE SAME URGAPUR MUNICIPALITY CORPORATION;CAN I OR MY WIFE TAKE THE MEMBERSHIP OF CO-OPERATIVE SOCIETY FOR ACCOMODATION OF FLAT IN THE SAME MUNICIPALITY AREA WITHOUT SELLING MY PREVIOUS HOUSE;PLEASE REPLY;

    2. Under Section 87 of the WBCS 2006 Act you cannot own a flat within the local limits of a municipality area where you already have a house in your name. Further, you wife is your family member and she too cannot own flat in her name within the same municipality area.

    1. There have been several amendments to the WBCS Act and judicial precedents that declared such amendments invalid and unconstitutional. As of now, the tenure remains 5 years. Check the latest judgment of Sri Ashok Bandyopadhaya – vs The State Of West Bengal.

  24. Hi,

    i Have plot in Nabadarsha co-operative society located in Birat , Kolkata. The society is saying that i have to construct my house within two years of purchase , if not, the overnment will take away my land. Is that true , is that a new law ? i am very confused , please advise.

    1. Look into the Society Bye-laws if there are any such rules regarding 2 years. However, you must note that under Section 88 (a) of WBCS Act, 2006, in a Housing Co-operative where the members are required to construct their houses on their own, there is time limit of 3 years from the date of possession within which period the member must undertake construction, failing which the land is surrendered in favour of the Society. However, please note that under such rule you only need to start construction within 3 years, you do not have to complete it within 3 years.

      1. Dear Sir, What if i am not able to start construction within the said limit. Can the Cooperative take away my land. I had purchased long time back. The price was 10 L, now it is 40 L.
        Please advice.

        1. See if you can sell the plot with permission of the Society. You have to seek permission of the society. If they have not given any notice, you can utilize defenses if required.

  25. Hi sir,

    Some of my known persons are members of a MIG co-operative housing society in New town and they are wiling to start construction. Total 6 kottha is there and there are 8 members,plan will sanctioned of g+4 building. One of the member wants to make one BHK flat in his allotment and wants to sell the remaining portion by making another one BHK falt. Is there any legal difficulty to buy that? Can I be member of this society and own that flat with all facilities like other members? is it possible to be 9th member for 8 allotments?

    Regards
    Subhradip

    1. More than 8 members are allowed in co-operatives so there would be no problem in acquiring a one BHK flat if the bye-laws of the society allow all facilities to such member. Check with the society.

  26. I live in Recol Park Durgapur,W.B.My residence is double storied.My elder brother is the owner of Ground Floor and myself owner of First Floor.My mother was the member of the society.After her death in Nov.2013 the co-op society made my brother the member of the society without my knowledge.My brother and myself both are the nominees.The society didn’t inform me neither they took NOC from me.Please answer my following points.-
    1.The membership is void or not ?(as it didn’t take NOC from me.
    2.There is provision of Associate Membership in W.B.Co-op society rule or not.
    3.I live here and my brother doesn’t live here .Who should give the preference for the Membership.

    1. I have already answered your queries earlier. Please check previous comments. In any case, you can apply for joint membership as both of you brothers were nominees. Further, it doesn’t matter who lives where, on demise of your mother you should have applied for membership. Further, membership does not imply ownership. Since both of you brothers are legal heirs, therefore both of you have equal rights over the said property. However, the society for convenience sake can transfer membership to a particular nominee. You should bring to the society’s notice your intention to be included as a joint member since you were a nominee under your mother.

  27. My father was a member of a cooperative society in Saltlake.He expired last year.Please let me know what are the documents we need to submit to become a member of the cooperative society? Is it possible that my brother can be a joint member with me?

    1. If nomination is not done you should inform society about legal heirs of your father and their rights. Succession certificate may be required as well as legal heir certificate. Joint membership is also allowed and your brother can be a joint member with you. However, only the first member enjoys voting rights and only in his absence the second member can participate in society meetings.

  28. We have a co-operative of 32 members for G+11 building at New Town action Area-I, kolkata. HIDCO alloted plot & plan already sanctioned. Registered office at CIT Road, Kolkata 700010.Now our secretary issued letter that annual general meeting will be held at North Bengal i. e. siliguri. Now I wants to know when registered office of the co-op.society and work site are in kolkata and majoity members are also of kolkata can secretary invite meeting at north bengal? Pl. advice provision of rules in this subject.

    1. There is no specific provision regarding venue of the AGM but convenience of the members is of primary importance. Further, under Section 39 of the WBCS Act 2006, the place of business is the registered office of the Society. So, you may write to the Secretary seeking change in venue of the AGM and if the Secretary refuses you may complain to the Registrar.

  29. Hi,

    This is Suchismita Ray from Santoshpur. My Father late Nanda Kishore Moitra has a flat in Devaprayaga Cooperative Housing society Limited, 365 Eastern Park, Santoshpur, Kolkata 700075, registered under the Bengal Cooperative Societies Act (Registration No: 105/CMAH of 1991). The Share certificate is also in his name. He had made my mother Saswati Moitra as the nominee and myself as the only legal heir beside my mother. Please suggest us the procedure to transfer the membership in the name of my mother as I have no objection regarding this. Also please suggest whether we have to provide the succession certificate from the court.

    Thanking You,

    Suchismita Ray

    1. Since your mother is the only nominee, and since you do not object to her becoming the member, she can apply to the society to get your father’s membership transferred in her name. Tell your mother to write a letter to the society informing them about your father’s demise and seek transfer of membership in her name along with all rights. There is no need for succession certificate in such circumstances. Only if you contest the same then a succession certificate would be required from you to showcase that you are a legal heir and you seek your share in the membership.

      1. Thank you for your reply .Further I would like to know whether a succession certificate is needed on my part for future ; or the membership of the said flat will be transferred on my name automatically in case of my mother’s absence.

        1. Once your mother becomes the member she too would have the option to nominate you and thereafter on your mother’s demise you too would likewise inherit the property. Succession certificate is required when nomination is challenged or when the society finds difficulty in identifying the nominee or if someone claims inheritance upon the property without nomination.

  30. Is it legal for societies/associations to charge money for issuing a no dues certificate?
    Our association is telling us to pay 15000 for them to issue a no dues certificate. They are saying they have adopted this as a resolution in some general body meeting a few years ago. Please suggest.

    1. If a resolution is unfair then it can always be challenged. Look through the resolution and challenge the same by writing to the society. You may thereafter complain to the Deputy Registrar.

  31. Is there some new circular to stop the transfer of land for Co operative housing flats at leased land at Kalyani, Nadia?

  32. Is there some new circular to stop the transfer of land for Co operative housing flats at leased land at Kalyani, Nadia? Please help.

  33. Hello Sir,
    I am planning to buy a flat in a co-operative society (under-construction) in New Town, Kolkata from a reseller who himself bought the share from an original member. I have following two queries-

    1. My permanent residence is in Odisha. I moved to Kolkata 8 months back. Am I allowed to buy the cooperative flat?

    2. I don’t have any residence proof as I stay in a rented flat. Notarised rent agreement will work?

    Thanks
    Sumit

    1. Yes, you can own flat in West Bengal but you have to file an affidavit showing your need for accommodation in West Bengal and your intention to reside in West Bengal. There is no apparent restriction on persons belonging to states outside West Bengal from buying co-operative housing flats in West Bengal. The rent agreement would be valid proof of residence.

  34. I want to sell my flat at Digha, in a Co-Op Housing Society. Registered value in Yr 2012 is Rs 5.8 lacs and current market value Rs 8.5 lacs to my friend.The society by laws do not have a provision to charge any development fund donation/contribution from buyer or seller. The managing committee is asking rs 4.0lacs donation from the buyer, while the Buyer is willing to pay 10% of Registered Value of Flat.Sale is stalled.
    Q1. What is the maximum amount society can claim for such a sale as development charge?
    Q2. What is the legal recourse if society sticks to their demand.
    Q3. Is their any court judgement in this matter?
    Regards

    1. The Society cannot demand or raise fee or donation that exceeds 0.5 % of the sale value in terms of order no. 2522 dated 23.6.2003 of the Cooperation Department. Under WBCS Act 2006 or WBCS Rules, 2011, there is no provision to raise funds from transferee member. However, if the Society sticks to their demand then the only recourse and practical solution would be to apply for membership. Provide all the necessary details of the transferee member, and your reasons for selling the flat, financial crisis or change in location or any other reason. Thereafter wait for 30 days to receive their approval or reasoned denial. If the Society asks for donation, ask for it in writing. If they do not give it in writing and denies approval for transfer then you may complain to the Registrar and seek permission for transfer of membership. In your complaint letter to the Registrar, state everything in detail including the demand for donation. If the Registrar fails to act, you may also apply to the Court seeking specific directions.

  35. I wish to buy a cooperative resale flat at Prince gulam mahammad shah rd kol- in my name through loan but my husband has been gifted a house by his late father in prince anwar shah rd kol-45.Im I eligible to buy cooperative society flat being his wife? kindly suggest.Thankyou.

    1. When was the house gifted? Husband and wife constitutes one family and cannot own house and co-operative flat within same municipality. However, inherited property is excluded while applying for membership to housing co-operative society. If you have further details or queries you can mail me to chenoyceil@gmail.com

  36. Im sulakshana had sent u a comment last night regarding my buying a resale cooperative flat in Prince Gulam Muhhamad shah rd in my name as my husband owns a gifted property in his name in Prince Anwar shah rd kol-45. sir how should we conyact u as we would like to take an appntmnt in future.If u kindly mail us your contact no. we would be grateful.Thank you.

  37. Thank you very much sir for your advice.We will contact you in August.The property was gifted to my husband on thr 06.10.2005 by his father who was then the sole owner of it.It was purchased by him during 1961.sir one more requesy if u kindly inform under which section of the cooperative law mentioned.The section sir.Thank you. Sulakshana Kolkata

  38. I thinl sir i wasnt very clear on what i meant .wish to know under which section of the cooperative law does it state that owner of inherited property is excluded in the case of purchasing cooperative ptoperty? Thank you very much.Waiting to see you.Please suggest.Sulakshana

    1. I asked you about time of inheritance because if you inherited property while applying for membership to housing society or after becoming a member of any housing society you inherit property then you are not disqualified, provided you still need such accomodation.However, if you inherited property several years ago then you cannot take advantage of this provision that is given under Section 92 (3) of WBCS Act 2006. Please note that gift of immovable property during life-time is not inheritance.

  39. sir, I am holding membership of a co-operative society at newtown rajerhat , my brother is also holding membership in the same co-operative society ‘Now he has gifted his share of membership to me . can I get that flat registered in my name as I am already holding one membership in the society.

    1. Firstly, there is a bar on membership of more than one flat within housing societies in the same locality. Secondly, gift of flat equals transfer and you need permission of the society before such transfer. Generally you are not eligible for membership but you may write to the society and seek clarification.
      You may also become a nominee under your brother and inherit the property later by-passing the restriction of owning two flats within the same society.

  40. Thank u sir, but itd not clear to me that whether i will be elligible to buy a cooperative flat or NOT as our property is not inherited but gifted during the life time of the owner,so does this clarify we cannot own a cooperative flat? Pl suggest.

    1. Yes, under the given circumstances you cannot own co-operative flat since your husband owns property in his name within same municipality. But do check with the society concerned.

  41. sir my daughter is an adult and she is independant.she is the proprietor of a business and income tax payee for last 3yrs.Residng with us only so can she be a member as her father is a owner of a gifted property?Pl suggest sir.

  42. Hi,
    I am living in an apartment complex having 40 flats. We have a welfare society currently and I am working on registering our association. I have a very basic question, to start with. Is registration of normal apartment complex associations the same as Co-operative housing societies. I am a little confused since all the forms and bye laws booklets mention only co-oeprative Housing society. Please let me know.
    thanks,
    Partha

    1. Association may be registered/declared under Apartment Ownership Act if you do not intend to register a Society under WBCS Act 2006. A co-operative housing society and a welfare association are two different forms of association that are registered and regulated by two independent legislations.

  43. Sir , I am holding membership in a co operative housing society in action area II new town , Rajerhat and one of my friend is holding membership in another Co-operative Society in action area I in new town , Rajerhat. We wan’t to interchange our membership rights , means I want to give my membership rights in my co operative society to him and I want to take his membership right in his co operative society from him.
    Now my query is :
    1. Can this be legally possible?
    2.What will be the purchase /sale consideration for exchange ?
    3.To whom we have to inform regarding this exchange ?
    4. What paper work we have to make for this ?
    Please advice ?

    1. Minimum one year you have to wait from date of purchase before you can transfer membership. However, for transfer of membership you need to seek permission of the 2 respective societies.
      Transfer is legally possible and the societies may charge 0.5% of the transfer value as development fee.
      The consideration amount would depend on the market value and as decided between the two parties. However, even if you are exchanging membership without consideration, you still have to pay the necessary registration fees and stamp duty on the prevalent market rate of the said properties.
      You should seek permission of the societies to facilitate the transfer of membership.
      Depending on the monetary considerations, 2 agreement to sell and thereafter 2 sale deeds would suffice. Even if you are looking to save tax, then it is advisable to invest the gains into buying a new property.

  44. Hello Sir,

    My father wants to buy a flat in a Coop Housing Society in Kolkata in my name as a gift but the Coop lawyer says it is not possible as I am a housewife. I have to be salaried/earning to purchase a flat in my name. We have already chosen a flat and the owner has given us a weeks time to finalize. Pls advise.

    1. Adult daughter, whether married or unmarried can have flat in her own name, it is not necessary for only working people to own co-operative flats. As long as you have the need for accomodation, you can own the flat in your name. It doesn’t matter if the funds are being gifted by your father. The transaction must be between you and the flat owner.

  45. Can a member of a cooperative housing society situated at Salt Lake, Kolkata become again a member of a cooperative housing society situated at Newtown, Kolkata. This is a very common question and in one of your replies I have read that ‘yes’- one can have two memberships if the cooperative societies are situated in two different jurisdictions. But the provisions of law under the West Bengal Cooperative Societies Act, 2006 or the West Bengal Cooperative Societies Act, 2006 nowhere say so and it is personal interpretation. If you see the language of Form XXVIIIA under Section 87 dealing with the Proforma of the Affidavit, the 2nd para goes like this –
    ‘That I do not own hoiuse or flat or a buiilding——————————-either in my own name or in the name of family as defined u/s 16(3) of the Act, 2006 in the —————————(KMAH area/New Town area/——————-City/Town/Village) where the proposed cooperative socety is located.’
    Now Salt Lake and New Town both fall under KMAH. However there is a specific separate mention of New Town area in the prescribed format. It could be interpreted that a person is prohibited to have 2 memberships in New Town area. So under the instant query, yes, a Salt Lake Coop Hsg member can become a member of a Newtown Coop Hsg Society. Please elucidate.

    1. I have already stated earlier and it is there within the Act that double membership in cooperative housing society is only limited when you seek it within the same locality or municipality. I’m not too sure about whether New Town has been declared a separate municipality or if it falls under Bidhannagar. Check with Rajarhat Township Area Housing registration office near Salt Lake stadium. The law can be interpreted in diverse ways but it can also be challenged if the interpretation is wrong or the law itself is ambiguous.

  46. Whether a Power of Attorney ( General) holder on behalf of a member can be elected as a Director of B.O.D of a Co-op Housing Society

    1. Only members present can be elected as Director in a co-operative housing society. A Power of Attorney does not give right to be elected as Director in a Co-operative Housing Society.

  47. My father was a member of a housing co operative society in kolkata. My mother was a nominee. Both my father and mother have expired leaving behind two sons as legal heirs. We, two brothers , the legal heirs are residing jointly with our families in the house of the co operative society. One brother is wiling to relinquish his claim on the share and interest of the society to make eligible the other brother to become member. What documents are needed to be submitted to the society for the change of membership. Does succession certificate is required as per section 70(b) of WBCS act 2006 since the house is a immovable property?

    1. Yes, if none of you have been nominated and if you wish to transfer the membership then you need to present either succession certificate or probate of Will (if any) or letters of administration as provided under Section 70 (1)(b) of the WBCS Act 2006. Further, if your brother wishes to relinquish his share then he has to provide the necessary NOC in favour of you and inform the society about the same. Do seek further information from the concerned society for transfer of membership in your name.

      1. Thank you for your clarification. Society is asking the same i.e. either succession certificate or probate of Will or letters of administration without giving any further clarification. What additional information can I ask from the society? Pl.advise.
        There is no will, so question of probate does not arise.
        Can letter of administration be obtained without a will? What are the requirements?
        Regarding succession certificate , as we understand , it can be obtained for the shares and any interest held in our father’s name allotted by the housing society, Whether the court fees for the succession certificate will be based on the value of the shares only or it will include the value of the house also? House is a immovable property and it would not require any succession certificate for inheritance. For inheriting immovable property whether we require any certificate from court or it will be by natural succession and an affidavit given by the heirs will be sufficient?
        Will a heirship certificate received from a local councillor based on an affidavit given by the heirs before a first class magistrate can be used as a succession certificate for the house.
        Please elucidate the succession certificate route for changing membership of a housing society?
        What is the easiest way of changing membership in cases where
        Lastly what will happen if we do not transfer the membership?

        1. The easiest way is to get the transfer done within one year of death of the member of the society. If you apply within one year of death of member of the society then you can substantiate your claim with legal heir certificate, councilor certificate or such like certificate and prove about your relationship. However, if you do not apply within one year of death of the member, then you need to apply under Section 372 of the Indian Succession Act, 1925 to the nearest district court which has jurisdiction over the property with necessary documents such as death certificate, names of all legal heirs, affidavit enlisting the details, etc.

          Section 372 states:
          “372. Application for certificate.–(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:

          (a) the time of the death of the deceased;

          (b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

          (c) the family or other near relatives of the deceased and their respective residences;

          (d) the right in which the petitioner claims;

          (e) the absence of any impediment under Section 370 or under any other provision of this Act or any other enactment to the grant of the certificate or to the validity thereof if it were granted; and

          (f) the debts and securities in respect of which the certificate is applied for.

          (2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under Section 198 of the Indian Penal Code.

          (3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.”

          The procedure to obtain Succession Certificate would take considerable time so I would recommend you to contact the society immediately and present supporting documents to establish your claim to the property. However, if within one year of death of the member no one has applied for membership and there is no nominee then the society may insist with the Succession Certificate.
          Lastly, you do not need letters of administration because letters of administration are generally required when the the Will does not specify any particular executor to the Will. Further, if there is dispute between the parties then the application for letters of administraion may be helpful to allow the court to select an administrator to distribute the property. In your case, you have mentioned in your earlier post that your brother is willing to give up his share in the property so I don’t think you need Letters of Adminsitration.
          All in all, do contact the society for immediate transfer of membership and I’m sure they can help you out.

  48. Can a person who is already a member of a Co-operative Housing Society become a member of another Co-operative Housing Society in West Bengal? If yes, by what legal provision?

      1. Could you please explain this? I am confused as Section 87(1)(b) of WBCS Act, 2006 specifically prohibits such a membership. Thank You.

        1. Prohibition is within same municipality area, any place beyond the same area but within West Bengal can be utilized to own membership in more than one housing society. For example, you can be member of a housing society falling under Bidhannagar Municipality and you can also own membership to another housing society falling under Kalyani Municipality.

  49. Hello sir,
    I’m going to be a member of cooperative housing society in new town (kolkata). Can you please explain the advantages and disadvantages for the same. I heard that its very difficult to sell your flat in cooperative society in comparison to normal flat.

    Thanks

    1. For ownership flats you do not need permission from anyone to sell such flats while for co-operative flats you need permission of the society (which they generally grant after one year). However, it is not much difficult to sell co-operative flats but the procedure may be time consuming and a bit complicated. In the end there are several considerations behind buying a flat so you must invest your money wisely with your exit plans in mind.

  50. Sir, suppose two Brothers A and B have jointly paid and purchased a Flat (in a Co-operative Housing Society registered under the West Bengal Co-operative Societies Act, 1983) in Salt Lake from Seller named C. Even registry have been done in the name of both brothers Brothers A and B in the year 2012. Now my question is that whether Co-operative Society can transfer the shares in joint names of Brothers A and B? If no, can brother (A) simply issue a NOC stating that Brother (B) be transferred the shares (since two Brothers cannot become joint owners in co-perative). Kindly enlighten.

    1. To purchase flat in cooperative housing society you have to inform the society. You can get the membership done in the name of one of the brothers because joint membership is allowed in Cooperative housing but only limited between husband-wife or father-son/daughter or mother-son/daughter. One brother may also give NOC to keep the other brother as the primary member with voting rights. If the brother wants to be a nominal member without voting rights then he may also apply for the same.

  51. Re: Expulsion of a member – If the provisions of the By-Laws are more stringent like Members deciding by 2/3rd majority in a GM than Directors deciding in a Board Meeting as provided in the Rules, which one will prevail.

    1. You have to apply to the society and show your intention to reside in West Bengal and your need for accomodation. You need to file an affifavit and provide necessary documents proving your identity. Contact the housing society.

  52. I am purchasing a flat in a cooperative society apartment, the society is asking for 0.50% of the property cost plus Rs 100/- per square feet from both the buyer and seller. Sir is this a legal to ask for nearly 3.5% of the property cost to be paid to the society.

    1. Check my previous comments. The Society is acting illegaly. The Seller need not pay anything to the Society. The buyer has to pay only 0.5% of the cost as development fee to the society. You apply for membership transfer and inform the Registrar if the Society asks for excessive donation.

  53. A land allotment was done to us in New Town, Kolkata. The same was registered under a co-operative society with 8 members including myself. We have not yet started the construction as such but the property registration has already been done. I would be keen to know if I can sell off the property (my proportion) now. If yes, how? Will appreciate your response on this.

    1. Depending on the bye laws of the society registered you can definitely sell your share of the land. However your undivided share of land would remain part of the cooperative society and continue to bear cooperative’s properties.

  54. I am trying to purchase a flat in kolkata municipality area, buyer is willing to transfer her share with consent of society to me with sale agreement but before I proceed the agreement, how do I find any loan or mortgage if any obtain by buyer ?. Please advice in this matter.

    1. You can check with the society about existence of any mortgage. Mortgaged property generally has their sale deed in the custody of bank. You may do local searching with the help of an advocate to find out the validity of the property title.

  55. I am a member of a co op housing society where I do not stay. Can I allow my friend to stay there with limited liability?

    1. Yes with permission of the Co op Housing Society and after informing them your friend may stay. However, if he stays as a tenant then he would have to pay 10% of the rental amount to the Society. See what the Society tells you.

  56. I am a member of a co op housing society ltd. and I own an flat which is situated in Saltlake, Kolkata where I used to stay but at present I don’t stay there. I want to sell the property. Please let me know the procedure as Co-operative Act as I am not aware of the laws.

    1. It’s a simple procedure. You just need to contact the society and inform them about the buyer and provide the buyer’s details. Rest of the sale procedure is similar to regular sale requiring registration of sale deed, etc. You may mail me to chenoyceil@gmail.com if the society objects to the sale transfer or asks for donation amount higher than 0.5% of the sale value. Good luck!

      1. I would like to know is their any provision to erect lift in Cooperative Housing Society flat specially for old age people who would like to stay on 3rd floor, additional space for this available their, we know that all members should agree in this proposal. What would be other hurdle if fund raise among members ?. 

          1. Do any cooperative society flat holder having car perking space to be sold to any other member of the same society ?. Is this possible with off course with due permission of the managing body.   

      2. I am having a house in a cooperative society in Kolkata. They are asking double maintenance charges from the members who has given the house on rent compared to the residing owners House Maintenance contribution. Kindly inform me if there is any govt rule regarding this. Also they have written in the cooperative resolution that during sell of the property the purchaser have to pay Rs 50000/- lumpsum to the society but as per your reply it cannot be more than 0.5% of sell value. Please give the rule regarding this.

  57. my mother was a member of a housing co-operative society in saltlake. i am her daughter and nominee. i have an elder sister who is married and stays elsewhere. i have been residing in the residence since i was a child. my mother has passed away in 2010.the society is insisting upon noc from my sister.is it necessary although i am the nominee?
    is joint membership between two siblings possible?the society is registered under wb co-operative societies act,1983.
    what are the documents required for a nominee to seek membership in the event of death of the member?
    kindly help

    1. If you are nominee then NOC not required under WBCS Act, 2006, which is the current applicable law (doesn’t matter under which act the society was registered). NOC from sister not required unless if you failed to get your name substitued immediately after the demise of your mother. Joint membership between two siblings is not possible under WBCS Act 2006. You need to contact the society and ask for the list of documents they require for transfer of membership. You need to show that you were the nominee, you need to present your personal details and you need to show your mother’s death certificate.

      1. Thank you for the information.Unfortunately, the society forced me to get an NOC from my sister.She did give me one and I submitted that along with other documents.I have since then received a letter from the BOD that they have accepted me as a member in place of my mother.However, every time, I have gone to enter my name in the register of members, they say that UD(Urban Department) has to send a reply to their letter intimating the change and only then can they enter the name in the register. Can you kindly clarify whether UD or DRCS(the letter of their approval shows they have CCed both ,which is the system in our society) needs to again sent a consent and do I have to wait for the same for my name to be registered in the member’s register?Isn’t the BOD’s unanimous resolution accepting my membership enough to enter my name in place of my mother in the register?

        1. If they have accepted you as a member then there is nothing to worry about. UD department is involved due to land ceiling but I’m sure it will be accepted and you can enter your name in the register of members. Do nominate someone at the same time. Let me know the update. Good luck.

  58. Sir, i have a flat under w.b housing co operative society in New town, i have taken it on home loan but presently due to my job i am at outstation so wanted to rent out the flat, what is the procedure? is it necessary to give a portion of rent to the cooperative society? also wanted to know if i have cleared the amount and then sale the flat do i have to give any commission to the society? or what is the procedure?

    1. You can defintely give it out on rent. Unless the society notifies you, you do not have to give any portion of rent to society. However, you have to inform the society that you are giving your flat on rent since you are living outstation due to work. For sale of flat you have to seek permission from society. Legally either you or the buyer can pay 0.5% of the sale value to the society, but only if they seek such amount.

  59. Hi Chenoy,

    Kumar Ray this. At the outset I want to congratulate you for the good work you are doing. Do keep it up !

    I have a few questions for you :
    1. Does one need to get a new deed of lease done post the addition of a newly added joint-member (wife) to an already existing single membership of a cooperative housing society ?
    The addition was, 3 years back, by virtue of the permission granted to the society by the DRCS, after submission of documents by the society to DRCS. The addition of the joint-member’s name to the shares were though obtained recently.
    2. Now when the related flat in the cooperative housing society has to be sold, would both the joint-members need to sign the ‘Agreement to Sell’ and eventually the ‘Sale Deed’ ? Is it permissible to be done in the absence of a new deed of lease of the flat with both their names, and the mere acceptance of the joint membership by the society suffice for the transfer of membership to the transferee ?
    3. Can I assume that the granting of permission to the society by DRCS after their requesting it and their eventual issuance of the joint share certificate is proof of their accepting the application for joint-membership ?
    4. Also can I assume the 1 yr clause prohibiting a member from selling the property in the first year of membership will not be applicable in this case as it was granted permission 3 yrs back even though the revised share certificates with both the names were issued recently ?

    Your kind enlightening in this regard is highly appreciated.
    Many thanks.
    Kumar Ray.

    1. Hello, thank you for your kind words.
      1. You do need to get a new deed done to showcase addition of joint member as the share certificate would not suffice. You can gift part (say 70:30 ratio) or half(50:50 ration) portion of the flat to your wife and get it registered. Then she will also be owner of the property.
      2. In case of sale, both members have to sign the deed to make the transfer effective. In the Society’s Register both of you are recorded as joint members so both of you are owners but your wife effectively does not own the flat unless there is a registered deed showcasing how she was granted the property.
      3. It does not matter on which date the joint share certificate was issued. Joint membership is generally allowed when both husband and wife jointly apply for membership. Membership without registration of valid deed is incomplete. Valid title can only be granted to your wife by valid registered deed. If valid title could have been transferred without registered deed then there would have been no need to register your deed while opting to become a member of the society.
      As of now, joint member (your wife) has several rights and liabilities according to the bye laws of the society. She can also represent and vote in your absence in AGMs. However, she cannot transfer the property without valid title.
      I think the society and DRCS should have checked whether your wife has valid title before making her a joint member.

  60. If a bonafide member of a housing cooperative society dies, whereas he nominated his wife before death, then to have the ownership of the accommodation, what the wife has to do?

  61. Sir, can a Housing Co-operative Society in its AGM pass a resolution that henceforth members will not be allowed to park their SUVs in the open parking spaces ?

  62. Sir, I am staying in my brother’s flat at Salt Lake, Calcutta since 2008 along with my husband and daughter. Since my brother stays in Japan and nobody is there to take care of the flat, we moved in here. The Society Administration now wants us to pay double the amount as maintenance charges that is charged to normal member stating that a sister cannot be considered as part of the family when it comes to the brother’s flat. Is this position correct according to law? Thanks. Rani.

    1. There is no law to seek double maintenance unless it is there within the bye-laws of the society. A relative can stay with permission of the society. There is no provision to charge anything extra under the WBCS Act 2006. However, it is true that you are not considered family under WBCS Act 2006.

  63. Hi,
    In case people have purchased individual flats from the promoter in an apartment and later on the flat owners intend to form a registered co-operative society are the procedures any different or it will still be classified as a housing co-operative society? Also, in case we do not get to involve all the flat owners (one of the owners is involved in legal fight with his bank due to non payment of dues and the flat has been sealed by the bank), is it still possible to for the society?

    Thanks in advance for the answers.

    1. Yes. You just need 8 members. Society can be formed under WBCS Act after completion. However if you do not have such number of members then you can also register an association under Apartment Ownership Act with the members approval.

  64. I am a member of a housing society locate at Kolkata. I wish to sell the flat as I stay outside Kolkata and there is no body who can occupy the property. Kindly let me know how I should go about selling the property

  65. Hello, Good afternoon. Hope you are keeping well.
    Ours is a co-operative housing society in Kolkata.
    The entire Project was of WB Housing Board, Govt. of WB who acquired the land, constructed the buildings and allotted the Apartments to us on Lease-hold basis. As per their terms, the flat-owners have entered into an agreement to form the Co-operative Society for providing maintenance, common services and amenities to all members.
    Well, here is a case at our society put to you with the hope that you will definitely give your valued opinion to enlighten and guide us in this regard.
    Mr. X was a single-member (flat-owner) of our housing society since inception. Later in 2011, his wife (Mrs. X) was added as joint-member on the basis of required documents/joint applications of both husband and wife with the approval of DRCS and the joint share certificate was accordingly issued. But no deed has been registered to incorporate the addition of joint member as the co-owner of the said property. Neither the society nor the DRCS has asked them to get a new deed soon done to provide valid title to Mrs. X (wife) in order to complete the terms of joint membership in true sense.
    As such, in the Society’s Register both of them are recorded as joint members and literally both of them are owners but wife effectively does not own the flat without registration of valid deed.
    If it is now so, may we take it for granted that this is not unethical and so permissible and can be done to give a right to the joint-member (wife) to only represent and vote in absence of the first member in AGMs without giving any valid title of the property? What does the law say?
    Now, the first-member, Mr. X wants to sell out the flat and having entered into an agreement with one buyer, has sought for necessary permission of the authority.
    Can he transfer the property on the basis of existing deed without considering the effectiveness of joint-membership so recorded in our society’s Register?
    Can our society accord sanction to the first-member in the above perspective after accepting joint-membership of one of his family members keeping silent on co-ownership of the property?
    What may be the status of such joint-member having no valid title deed?
    Is it only to enjoy the exclusive right to attend AGMs and vote in absence of the first-member? In that case, what would be the fate of the property in the event of death/insanity of the first-member?
    With regards.

    1. I do not understand how the DRCS approved joint membership without valid title. You need to check with the Registrar office to understand the legal effect of future transfers without valid legal ownership. I had previously answered Mr. X’s query regarding the same issue. I think this situation is unprecedented and the discussion can be expanded only through further communication via mobile or mail.

  66. I want to know how decision is made when members of a Housing Co-operative Society is not unanimous over an issue discussed in the Extra- ordinary General Body meeting as per Bye-laws of the Housing co-op Society of Kolkata, West Bengal

  67. Dear Sir,
    With due respect,I, Anumoy Raha Roy,younger son of Late Ajit Kumar Raha Roy,residing at A-33 Amarabati Ex-servicemen’s Housing Co-operative society Ltd.Durgapur – 713214,informing you
    that,today,dated 12.10.2014,I am again threaten & disturbed by my elder & secretary of Amarabati Ex-servicemen’s Housing Co-operative society Ltd.for doing joint membership or giving no objection.
    For this,many correspondence had been done & many non-peaceful event occurred.I am attaching the letters herewith.I never like to do anything unlawful.
    So, Please help me by doing the needful as I can live with my family peacefully and no disturbance from this matter by getting individual electric connection.

    Thanking You,

  68. Please tell me or give the e-mail addresses to whom I can inform my problems to get individual electric connection & legally divided ownership of my late father’s plot & house to live peacefully.

  69. Madam/Sir, Date: 07.10.2014
    I own an apartment in a Housing complex in Newtown, Rajarhat.
    The Housing complex was constructed by West Bengal Housing Board and sold to the public through lottery.
    Before handing over possession of the flats to the successful buyers, the Housing Board insisted to form a registered Co-op Society or Owners Association for taking over the responsibility of maintenance and management of common areas and facilities of the Housing complex besides to act as a confirming party for every subsequent transfer of the respective flats in future. Further, they imposed it mandatory for every Buyer to take membership of Co-op Society/ Association before execution of their respective sale Deed.
    As desired by the Housing Board, the successful buyers of our Housing complex formed a Co-op Society in the name of Eastern Grove Housing Co-op Society Ltd. and registered the same under the W.B Co-op Society Act.1983 and subsequently took over the charge of the said responsibility through a registered Deed signed in between West Bengal Housing Board and our Co-op Society.
    The above noted responsibility was very specific and has been mentioned in the standard Sale Deed signed and executed in between the Buyer and W.B. Housing Board and the Co-op Society as a confirming party.
    Considering the above facts please let me know, do we enjoy absolute power of a Co-op Housing Society as we have registered our Society under the W.B Co-op Society Act.1983 in spite of that, we had nothing to do with the construction and sale/ allotment of the flats among the buyers/members, or our power will be very much restricted within the periphery of maintenance and management of the common area only as has been mentioned in the standard Sale Deed of the buyer and the Agreement signed and registered in between our Co-op Society and West Bengal Housing Board at the time of handing over charge of maintenance and management of the common areas of our Housing Complex.
    We are also taking double maintenance charges from the members who has rented their respective flats. Please guide whether the matter is under our jurisdiction as we have been registered Under the West Bengal Coop Society Act.1983.

    Your necessary guidance for smooth running of our Housing Society is solicited.

    Regards
    R.S.DAS

  70. Dear Mr Ceil,
    My wife is a member of Cooperative Housing Society in a building project under Construction at New Town, Kolkata. Can member’s meetings be attended by a representative appointed by her to the meetings of the Society. If yes, will it have to be immediate relatives or any person nominated by her?

    T.Mandal

    1. None except for the member has voting right. However, others can attend the meeting. Depends on the society. Power of Attorney holder or representative can attend the meeting.

  71. Sir,
    Description:Three partners have built an G+5 apartment under newtown thana (partnership firm). Due to their internal dispute & court cases (subjudice under court), the major facilities have not be provided/carried out by the promoters like boundary walls, sewage line not connected with the municipal drainage, not allotted open parking space, not handed over any papers related to lift, gen.set, pump etc.etc. Even withdrawn their maintenance from July 2014 onwards just after completion of 1 yr.
    Somehow, a temporary committee has been formed among flat owners (some are registered & some are not due to subjudice) having President, Secretary, Tresurer & members.
    Problem:
    1.We would like to registered our society under Govt. of WB housing society
    2. Whether bank a/c is needed? if needed then in which bank?
    3. Kindly let us know the steps to be followed to form a legal committee
    4. How do we get all the above?
    Kindly let me know.
    regards,
    Debojeet

    1. Get at least 8 members or more and you can then form the society. A bank a/c in the name of the proposed society or chief promoter jointly with chairman would be required in preferably state bank or elsewhere. You can mail me to chenoyceil@gmail.com if you need further details.

  72. we want to make registration of our “Doltala Housing Society” in west bengal. Under which act / rules i.e. W B society registration act, 1961 or W B cooperative societies rules, 1987 registration can be made ? As it is a housing society, except plot owners noone is elligible to be a member.Your suggestion please.

  73. I am willing to purchase a share in a cooperative society in New Town, Rajarhat. The Transferer himself was a nominee who obtained the membership six months back after the demise of his father. My questions are 1) Is there any locking period for transferring the share after obtaining it? 2) Should I look for any encumbrance certificate? 3) What if he has taken loan against the share? 4) Can I be a member if I have booked a flat in the same municipality but didn’t get registration/possession as it is still under indefinite construction?
    Thanking you in anticipation and congratulating for doing such a yeoman’s service.

    1. 1) locking period of one year
      2) yes, do necessary searching
      3) ask Society if they had given any NOC or permission for loan
      4) If registration for the earlier is not completed, effectively you are not an owner yet. However, you will have to give up membership in the earlier before buying new flat. The declaration that you do not own another property in same locality should be true or else you can be held liable.

      1. Thanks a lot for your advice. Meanwhile the society has enquired in the Hidco office and they told, no such locking period is there if the transferer was not a member of the board. There is a locking period for a new member to be a member of the board for one year. Hence, if the board cannot be constituted with 5 members (in case of 8 member society) when others are also not eligible to be member of the board, naturally transfer cannot take place. Please give your views.
        One more query regarding the notary and the first class magistrate, can they be from anywhere in India?

  74. Dear Chenoy,

    Greetings !

    We (my wife and self) are planning to purchase a cooperative society flat at New town. The original member has resigned, and the building is yet to be completed. The cooperative is suggesting that the deal is done with it directly, as the cooperative is still the owner of the entire building. Hence there is no sale agreement etc. I had consulted local lawyear, he wasn’t sure, however, suggested that I get a NOC and Power of attorney from the original allotee to avoid any potential legal issue in future. The cooperative has already issued me an allocation letter (based on their BOD approval and minutes are avl) and the share certificate will be transferred in our name, once the original owner signs on the back of the certificate where transfers are expected to be noted. we are planning to take part loan, and the bank is asking for NOC from the corporative, where an approval reference from the dy reg of cooperative society is asked on the body of the NOC.

    Please advise if there is any gap in this process.

    Thanks & regards

    1. Resignation effectively implies that the flat is returned to the Society and the Society returns any amount that was received from the resigning owner. Thus, the Society re-allots the flat to new owner who will enter into an agreement with the Society. The steps mentioned by you are complete and you may follow the same.

  75. Sir
    One of my relative has transfer his cooperative flat total 8 members at New Town in my name in 2010. All the documents pertaining to transfer of flat has been submitted to DRCS, including letter from society. On 2011 they have informed orally that no permission is required from DRCS now, society is empowered to transfer the ownership. Construction is completed and mutation has been done. I want to register the flat now. As there is no letter from DRCS, is there any problem will be there for registration, please give suggestion.
    Regards
    Amrit Mukherjee

    1. Society has to satisfy itself regarding transfer. No permission required from DRCS unless any query arises. You can go ahead with the registration once the society has allowed the transfer.

  76. We are about to buy an apartment in a cooperative housing society in New Town, Kolkata jointly in the name of my wife and me and by being joint members of the society.

    We have two married daughters pursuing their respective independent family lives.

    Our basic objective is that as long as we/any one of us are/is alive, the apartment should be exclusively ours. But, after the demise of both of us, either of the following options should be possible:

    Option 1

    The apartment is sold by my daughters and the money is equally divided between the two.

    Option 2

    Both the daughters decide to retain the apartment. But, in that case, each of them must have equal rights on the property both in terms of ownership and membership in the society.

    My lawyer says that Option 2 is not possible because of the following reasons:

    (a) In case of death of the last surviving member (which can be either me or my wife), the property will, of course, be automatically inherited by the two daughters jointly (in terms of ownership) as per the Laws of Succession.

    (b) But, both the daughters cannot get joint membership in the housing society since this is not permitted as per the Cooperative Laws. Therefore, only one of the daughters has to be nominated who will become the member of the society.

    Condition (b) is not acceptable to us since such discrimination may trigger unnecessary rift between our two daughters.

    If our lawyer’s opinion (explained above) is correct, we have to ensure Option 1 only. To achieve this, the steps that come to our mind (based on our own common sense logic) are as follows:

    1. We do not specify any Nominee at all.

    2. In that case, after the death of both of us, my daughters will be forced to pursue Option 1 only.

    Do you think this will be a practicable/advisable step? Is’ not specifying’ any Nominee permissible as per the Cooperative Laws?

    If, on the other hand, our lawyer’s opinion (explained above) is not correct, what should be our right step for specifying the nominees keeping our basic objective in view?

    Kindly advise per return.

    DIPANKAR CHATTOPADHYAY

    [Phone : +91 98305 00662]

    1. Nomination does not per se take away inheritance rights. For example, if there is a Will of the last surviving owner that devolves the property upon one daughter then such Will will have more prominence. It is true that co-operative flat does allow joint membership of brothers or sisters and the property cannot be divided too. You can abstain from nominating one of your daughters and mention in your Will that the property is to be sold and the money equally divided between your two daughters. Or you may also avoid any Will in which case your entire estate including the flat value (the amount received on sale) will be divided equally between your two daughters in accordance with Hindu Succession laws. After demise of the last owner, the property can be claimed in accordance with probate (if there is a Will) or according to letters of administration or succession certificate (if there is no Will).
      Lastly, check bye-laws of Society too regarding nomination and transfer.
      Nomination of person is allowed in terms of WBCS Act, Section 76. However, person can also include legal heirs, association of persons or legal representatives. If the Society allows nomination of two members then nominate both. After demise, one daughter can own the property only if the other gives NOC. If they cannot decide upon how to mutually settle the property then they can always go for sale and share the benefits mutually as discussed above.

  77. I have got an individual plot in newtown.My wife has inherited a co-operative flat in central kolkata after demise of her parents.We have completed all legal formalities with KMC for mutation purpose.Will there will be any problem in getting membership in her name?
    Please advise the needful.Thanking you
    Suman Dani

      1. Please clarify:
        one holds a free hold/non cooperative property in a municipality.Afterwards his wife inherit a cooperative property after demise of her paprents in the same municipality ,as the only daughter.Will there be any problem in applying for membership.
        Please explain ,
        Thanks,
        Suman Dani

        1. If you inherit any property there will be no bar. Even if the first property held was a cooperative there would have been no bar to inherit another within the same municipality. The bar applies only in case of transfer.

  78. Sir, I have a flat in cooperative housing society at Brahampur (Garia) under Kolkata Municipal Corporation and now I intend to purchase another Flat at cooperative Housing society at Near Ruby Hospital Kasba under Kolkata Municipal corporation.Pleaase guide us whether I can be a member of both the societies under different locality.
    Regards,
    A.Kar,
    Kolkata

  79. Sir,
    What is the procedure for mortgaging the flat for obtaining loan from Banks?Whether Co-operative Society will allow mortgage?
    Md.Mustakim

  80. For obtaining membership of housing society for purchasing a flat I have to submit one affadavit for I am not a member of another housing cooperative.Please inform me whether the affadavit is to be sworn before Notary or 1st class Magistrate?
    Regards,
    A.Kar

  81. I am having one dwelling house under KMC now can I be a member of Housing cooperative society and purchase one flat under KMC.
    Regards,
    A.Kar

  82. Sir,
    My mother owns a property(a double storied house on 5 cottah land) in Kharagpur,Midnapur District,West Bengal..My father(her husband) died in 1980 leaving her and two kids(myself and my elder brother behind).After his death she was on Central Govt. Service for 22 years.She purchased the property with her Central Govt. Retirement money on 2002.The property is in a Co-operative Society in Kharagpur.
    I took care of her for the last 10 years when she stayed in Kharagpur all alone, after her retirement,as she was fit and able to take care of herself (she used to frequently visit my place in Mumbai).From March 2012,she lived wth me (the younger son, in Mumbai) as she was ill and was unable to take care of herself.
    She fell repeatedly ill and was hospitalised several times in this span of time and she left us(myself and my family) for her heavenly abode on 30/10/2014.
    Her elder son,used to go to her home(in kharagpur) once in a while when she used to stay in kharagpur,but never took any care of her.From 2012 when she fell repeatedly ill, inspite of repeated requests he did not take any care of her nor did visit her once,nor did participate in any of her last rights inspite of repeated requests.
    My mother before going to the hospital in September,2014,sensing something ,told me that she is not keeping well and after her demise she wanted to give everything to me , and wanted to make a will.I called a local lawyer who in presence of two witnesses made the will and i got it notarised.
    Based on the notarised will , can i go to the society and ask to change the nomination from her two sons name(myself and my elder brother) to my name?How can i get the property transferred in my name and sell the property?

    1. Yes, if you have a Will then you can get a probate of the Will and show it to the Society to get the property transferred in your name. If nomination is in the name of both brothers then generally the other gives an NOC because the property cannot be held jointly by two brothers and only one can be member of the society. However, if your brother fails to give NOC then you should get the Will probated from local court or Calcutta High Court and proceed accordingly. Do speak to the Society immediately to see what they require to transfer the property in your name.

      1. Sir,
        Thank you very much for your reply.My elder brother does not want to give NOC and is not willing to sell the property either.His love for our mother’s house has increased tremendously on the pretext that ancestral property value will increase in due time,(he did not care to look after his ailing mother,calling and asking her about her well being once in a blue moon for 1 min when she was alive),nor follow any hindu rituals after death of his mother,suddenly after all work is over ,comes down to India from UK within a week and stake 50% claim). I want to stake claim of the house based on the will.What is the procedure for that?

        1. You will have to obtain a probate of the Will which in all probability will be contested by your brother. Once you obtain the probate, the property can be transferred in your name absolutely. To obtain probate of Will you can apply to local district court or Calcutta High Court. You can mail me details to chenoyceil@gmail.com for further guidance.

  83. Sir , thanks for your wonderful suggestions, these are quite helpful. My query is – 1) if my father becomes a member of a Cooperative in New town , can my mother apply for Sukhobrishti ( Shapoorji housing) in Rajarhat ?
    2) My father, retired, has not submitted his IT return for last 3 years. Can he apply for cooperative membership ?

    1. Yes, i don’t think Shapoorji is a Cooperative. Your mother can definitely apply. In fact, your father can also apply as long as he does not own another flat within Shapoorji previous phases.
      Yes, even if your father has not filed return he can apply for membership.

      1. There is one query ,on your comment(Dated 3rd Dec/2014) to Mr PR’s question on 2nd December,2014
        How come one apply for Sukhobsisti in NewTown III,if his/her spouse holding membership of a co-Op housing in NewTown I or II.(Being the same municipal area)
        Please clarify

          1. Dear Mr Chenoy Ceil,
            This is continuation of discussion to Mr PR’s question on 2nd December,2014.
            What I understand from your answer that one can have a co-operative property and a second free hold(Non Co-Op) property in same municipality.Restriction only apply for,if the second property is also a co-operative property.
            Please clarify and confirm.
            Thanks

  84. Hi.my aunt has made me a nominee for her flat in a coopetative housing society .she passed away 4months back…what r the documents and procedure required for name transfer…

  85. HI Chenoy, i had given my flat at Kolkata in a cooperative housing society to my relative to stay since i had to move out of kolkata for job. Now that relative is not vacating my flat. I had written a series of mails to Society Board to help me out but they are reluctant to do so. Kindly suggest, What are the remedies i have now? How can i get the possession of my flat back. I have my belongings and even my original title deed is lying there only. I have a copy of such documents.
    I was actually searching for some contact email id of DRCS, KMAH, coincidently i came across your blog and found interesting, hence posted my query as well for your kind reply.
    Best Regards
    Manish Jain
    +918588821118 / +919990155666

    1. If you have photocopies of your title deed then you can apply for certified copy. Do you have membership documents? Gather all documents and thereafter you can apply to the Registrar to resolve your dispute. However, I think you need to file police complaint for breach of trust and ultimately you would have to file civil suit for eviction if the Registrar fails to intervene.

    2. Sir, I take care of my brother-in-law’s flat in an housing complex in Salt Lake, Kolkata. We have a covered car park. This car park is now being occupied by an outside car No: WB 02 AD 7408 since past one week. We do not know the owner and the housing-complex security failed to give any satisfactory answer. Please advise me as to what action I can take in order to free our car-park. Please also advise me whether the management committee of an housing complex has any legal right to take over our car park even temporarily to permit someone to park their car, without our consent. Thank you. Ashok.

      1. If it is your car-park within the housing plan of your society and if the society has not rented the car park area to any outside authority then you can complain to the society as well as to the Registrar regarding the property trespass. You should bring it to the notice of your housing society and if required complain to the nearest police station.

  86. Our Cooperative Housing Society is taking fees under the nomenclature of development fee, processing fee etc. @ .5 % of the sale value from both the transferer and transferee for according consent for transfer of Flat by adopting resolution in its Board-meeting. But you are saying that a Society can raise such fees or donation by limiting it to only 0.5 % of the sale value from the transferer member for transfer of his land, house or apartment in terms of order no. 2522 dated 23.6.2003 of the Cooperation Department, WB, Ours may not be the only Society, which is levying funds in such unlawful manner ignoring the said notification in 2003. How this can be set aside? Why DRCS is silent in this matter?
    Best wishes.

    1. This is a good way of looking at the problem. The law is unclear and the housing market is a good source of income. Everyone is trying to make their cut. The only way is to complain directly to DRCS for each individual event.

  87. I am a plow owner of a co.op. housing society , now I want to sell the plot , society asking 0.5% on sale deed value , is there any law or bye-laws , whether society can give me letter for that money as per any bye-laws for that payment !

  88. My mother has a flat in a co-operative society in New Town. I have one married sister. How, the name can be transferred to my name?

    1. If you want the name transfer during her life time then it has to be through gift. If after her death then you can become a nominee. Another option after her demise is to get a registered will from your mother bequeathing the property in your name.

  89. in case of death of the owner of the flat in housing cooperative society whether transfer of name in the societies register and share transfer in the name of the nominee is enough for further sell of the flat by the nominee or the flat is to be registered in the name of nominee in the office of Registrar/sub-registrar of Assurance .
    Regards,

    (A.K. Kar)
    Kolkata

  90. Sir, I am going to purchase one flat of housing society from the owner (resale) .Please guide and give me the requirements /proforma of various application and forms required for becoming member of the housing society in Kolkata.
    Regards,
    A.Kar

  91. Sir, My mother was a member of a housing Co-operative society in New Town on a lease hold property. I am her son and nominee. I have one brother and sister. Meanwhile, my mother passed away in 2013. 1) Whether, legal heirs certificate is require to produce to the lessor as well as DRCS
    for membership. if require who will issue the certificate. 2) Whether, NOC is require from my brother
    & sister. Please advice me as early as possible. Thanks, Arun Roy.

  92. Hi,
    We could not register the flat while other members are doing the registration because of some financial problem.Now father has expired and me and my brother are the owner of the flat.What are the steps we need to follow to do the registration?

    Thanks,
    Bhaskar

  93. Under HIDCO,in HIG,a co-operative housing society with 8 members where land had already been alloted, one of the board members resigned and my father by paying premium to him applied for membership to the society.It was accepted at the board meeting in January2014 by passing a resolution (confirmed by the minutes signed by the chairman),It was also confirmed by the minutes of the AGM in June and even mentioned in the Annual Report as well recommended(both signed by the chairman).
    I came to know from HIDCO ,that they had been informed by letter about the admission of the new member in February2014.
    The share and deposit shedule of members as audited ,as on march,2014 mentions my father’s deposit amount and share capital at par with others.(signed by treasurer,chairman & secretary).
    Now, after one year,one of the board members on behalf of the society is asking for a premium of 25 lakhs for starting the construction of the building.He has convinced other members about the logic.They have put up this demand of premium in minutes of Board meeting in November 2014.According to them the current developed stage has been attained by overcoming many obstacles/uncertainties as a team.Any concession to new member will create disparity among other members. New member is required to pay Rs25 lacs as premium,as the flat value to be constructed is 80 to 85 lacs.If the premium is not paid,they would construct the building with 7 members only and induct new member later.Please advise me what is to be done,and about the legality of this illegal demand which is against the W.B.CO-OPT ACT.

  94. Chenoy Sir,
    I have heard a lot about you and would also like to ask you some questions.
    I became a housing co-op member with a group of 12 persons in the year 2002 ,brought a land in a non KMC area and we started building a g+3 building, but after 5 years due to some internal problems the construction work stopped after constructing the structure, walls and plastering them, another 2 years got wasted and the members decided to complete the rest incomplete part of their alloted flat individually .Members started completing their part as per their choices, I could not complete as the secretary could not in provide me the papers from which i could apply for a bank loan. In the mean while my husband got a loan and he purchased a free hold flat in KMC area in 2010.Now after getting stable i decided to complete the flat,but the committee heads are not allowing me to complete citing your husband has already brought a flat you cannot own a second flat .I was regularly paying my share of payment whenever any construction was taken place.
    Please give your valuable advise……..thanks bindu

  95. Dear Sir,
    First of all I would like to thank you for the free advise being given to the society from your knowledge bank. May God bless you for the services rendered by you benefiting lot of people.
    I also need a piece of advise from you for a plot at Mall Road,Kolkata. The plot is part of cooperative society and I was opted as a member about 20 years back. The locality is shortly coming under Corporation, as gathered by me. I am also told that the local cooperative body has been dissolved.

    My query is : Can I sell the plot to any interested party as per normal sell/purchase procedure without referring to local cooperative? Can a promoter purchase the plot for commercial purchase?Regards

    1. Thank you.
      If the society has been dissolved and you still have the papers you can sell the plot. However, if the plot is part of society you need permission from society to sell plot. You can obtain the permission if required. Any promoter can purchase the plot for commercial purpose. Good luck.

  96. Dear Chenoyji, Namaskar, I am a member of a Housing Co-opt Society at Behela under Kolkata Municipal Corporation. The flat is very inadequate for my family. I intend to be a member of another Housing Society at New Town, Rajarhat. I shall be glad to have your valued opinion. Thanks.

  97. I am one of the member of a housing co operative society, new town kolkata. The registration process is under processing. I am a general member of the society but not in the list of board of directors. I was told that the signature of general member is not required for the registration. May I know which documents a general member should have to claim as a valid owner of the co operative society and the property.
    Thanks
    Dr. J. Panda

    1. promoter members can apply. Once the registration is done, you should have a copy of the registration. The ownership can be validated through share certificate and registered deed.

  98. I am a member in a cooperative society built flats ( 8 nos) building is ready the CC has not been received can I get our/my flat Registered in my name without the CC

    1. Yes you can. If the building is ready. Sometimes, it depends on state laws too. For example, in Ghaziabad a completion certificate is now made mandatory for the sale-purchase registration of a flat in Ghaziabad. But in Kolkata you can go ahead with registration because although legally speaking without completion certificate builder should not give possession of the flat. However, in reality, people often disregard this law/rule and occupy flats without CC. I think CC can also be applied for and obtained online in Kolkata here: https://www.kmcgov.in/KMCPortal/jsp/BuildingCompletionCertificateSearch.jsp

  99. Dear Sir, Is there any rule of depositing 40% of the project cost before registration of Housing Cooperative society ltd.?

  100. Dear Mr Ceil Chenoy,

    I am the daughter of an Airforce Officer who had a flat in Jalvayu Vihar, Salt Lake City which is a cooperative society as far as I know.

    He expired in March 2012, he was survived by me and my younger brother. Since i am also married to an Army Officer and keep getting transferred all over the country my brother who was working in Kolkata continued to reside in the said Flat. He got married and for the past two years was living in the said Flat.

    As per the Society records both our names were there in the records as heir.

    However, my younger brother did not bother to get the documentation done and did not approach the society for any changes etc and neither did he consult me on any issue.

    Unfortunately, and quite suddenly in August 2014 he died of organ faliure. He has no children and his wife continued to reside in the said Flat. Now his wife has called all her relatives and they are all residing in the Flat and she is having an affair with someone from her Office.

    What options do i have legally to ask her to vacate the Flat and what is the procedure now to be followed to get the Flat to be transferred to my name since as per the Law she cannot have the Flat.

    Does she become in any way a heir?

  101. Hi Chenoy,

    First of all I would like to appreciate the wonderful work you are doing here. I have gone through the previous QA section and I am very much satisfied by your prompt responses.

    I have a scenario here which after consulting with a local lawyer got an impression of it being quite complicated. Thus I would like to seek your valuable suggestion regarding this.

    1) Mr. A bought an apartment from the first hand owner (Mr. B) who was a registered member of a Cooperative Housing Society located in salt lake . Mr. B has expired long back. Mr. A has not registered this apartment in his name afterwards but the society made him a member without registration.

    Q> Is granting Mr. A membership of the Cooperative Housing society without registration is a legal step on the part Cooperative Housing society?

    2) My Father in turn bought this same apartment from Mr. A on the basis of a sale agreement which was done between Mr. A and Mr.B. Likewise, a similar Sale agreement was done between my father and mother (joint) and Mr. A to gain complete possession of this apartment. The Cooperative Housing Society did not provide any restriction and we are staying in this apartment for the past 11 years. My father has expired recently. The Cooperative Housing Society is unwilling to make my mother a member without registration.

    Q 1> Is it possible for the Cooperative Housing Society to grant membership to my mother without registration (similar to what was granted to Mr. A when he bought the apartment but did not register)?

    Q 2> Is it possible to do a registration of this apartment in my mother’s name?

    3) Since we are not a member of the Cooperative Housing Society, the monthly maintenance charge has been invariably increased to three times the charge for the members.

    Q> Is this legal on the part Cooperative Housing society to increase the monthly maintenance charge to such a huge difference?

    Awaiting your valuable response.

    Regards
    Abhijit Ghosh

  102. dear sir, please confirm me that is there any rule of depositing 40% money of project cost to bank suspense account as share?

  103. Is A Bank Account first required before getting the housing co operative registered .as bank say registration of society is required to open the account

  104. I am residing in different state for my job since last 3 years but I kept on paying the maintenance fees regularly through NEFT. inadvertently fees for 4/5 months were not paid. C0-operative society has imposed a huge amount of fine for non payment of maintenance fees without giving any notice or reminder.Repeated requests to waive the fine were turned down.
    My question is that what I can do in this situation because the fine is 5 times to the total amount due for the 4/5 months. Secondly what Society can do if I don’t pay the fine.

  105. can I let out my flat if I am compelled stay out of the state being transferred as per condition of my employment.

  106. hi
    we intend to accquire a 10 khata 999yr lease hold land in kalyani. we are 8 of us and propose to build 16 flats on the said land. can we make a cooperative society. what is the fees required. is there a new tweak in the rules whereby we need to keep a security deposit of 40% of the cost of building
    we need to sell 8 flats, so is it a problem to add 8 new members at a later stage…may be after completion
    do u foresee any complication which could crop up
    please enlighten
    thank you

    1. You can check with estate manager. I am also from Kalyani but I am now in USA so I am not too aware about the latest developments or tweaks in law. However, I had not heard about any such laws.

      1. My dear Mr.Chenoy Ceil……Supreme Court order on 20th June 2007 has settled the issue of Non Occupancy Charge of a rented CHS flat as 10% of service charge..Can CHS ask for any amount other than this from the owner of a rented out flat? Your opinion please…..Thanking you….

        1. I believe the Supreme Court order is with regard to Maharashtra Housing Society law. In West Bengal, it depends on the bye-laws of the society. However, please consult local lawyer for further guidance.

  107. Dear Chenoy Ceil, I want to know, Can member representative attend any Co-operative society AGM or Half-Yearly general meeting?

    1. Dear Sir,

      I am looking forward to purchase a resale CoOperative Flat. During my discussion with the secretary of the cooperative society , was informed that the property cannot be purchased through loan as the property would remain mortgaged,which they will not allow. Would like to know if we can purchase with loan from bank and if so, then can we get to know about the clause in the rule book of co-operative society. Would also like to know whether we can get a no-objection letter from the Registrar regarding purchase of a flat from co-operative society with bank loan.

      Thanks n regards
      Writabroto Dutta

        1. Sir,

          Seller is the owner, who is also the member of the society. The society is asking for NOC as no one till date has procured through bank loan . They want a NOC from Registrar of cooperative society that resell flat in a cooperative society can be purchased through loan mortgaging the flat.
          Also stated that if the clause is mentioned in the cooperative law/act , the same needs to be furnished for reference in the society meeting for clearing our request. Till such NOC is received we cannot apply for Bank loan also. The concerned member from whom we intend to purchase is clueless.

          Kindly help us out with relevant information.

          Regards

          1. I think to mortgage the property definitely permission of the Society is required. Further, the bank will also require NOC from Society that they would not object to the Bank’s selling the flat in case you fail to repay the loan. Resale flats can definitely be procured through bank loan but you need permission of the society. There is no specific provision to loan in law. If the society is willing, why don’t you ask opinion of Registrar to expedite the process.

  108. Dear Sir,
    I am a member of a co operative housing society, which was formed with 32 members, construction work has only started Recently. An existing member of the society has approached to sell his share to me. Can I buy his share, in my name or in my wife’s name or in my minor son’s name.
    Looking forward to an early reply from you. Thank you!

  109. PLEASE IGNORE MY PREVIOUS MAIL IN THIS REGARD.

    We are living in co op housing society,my father and my middle(just elder to me) brother are joint member of that house.In the last NOV’14 my father passed away.Now as per co op rules my middle brother will become principal member of the house.

    I would like to be the joint member now.
    I am the youngest son of my father. We are three brothers,my sr. elder brother has given up his right willingly of that house.We (my sr. elder brother and myself) had given NOC at the time of the joint membership of my middle brother.

    Please advise me the procedure to be the joint member of that house and also let me know the necessary papers are to be submitted.

    With regards.,

    ASIMAVA DEBNATH
    BIDHAN NAGAR,DURGAPUR-12

  110. Hi Chinoy,I am chairman of housing co-operative society in new town,kolkata.I do not stay there continuously due to work commitment.I am a handicapped person(80%) also.A guarding wall has been built near the lift and staircase in ground floor of our building in my absence.it is not permitted in the building plan.Besides that we have not gotten the C.C. from NKDA.What action should I take?

    1. Hello,
      You must immediately file dispute in a written plaint format under S 102 of WBCS Act 2006 before the Registrar and intimate about the illegal construction. If there has been delay in filing the plaint then you can also seek condonation of delay.

  111. Dear Sir,
    Where we can prefer an appeal against an order/award passed u/s 139 of th West Bengal Co-opereative Societies Act, 2006? Is it section 146(4)?
    Regards,
    Gaurav Purkayastha,
    Advocate , High court, Calcutta,

    1. Hello Gaurav,
      I think if there is any attachment of salary or wages for any dues towards the society then the same is not explicitly appealable under the provisions of the WBCS Act, 2006. The appeal to the Tribunal under S. 147 can be the requisite course of action if there are no other forums available for appeal. Please inform if you have taken action already and what has been the outcome.

  112. Sir, Sale deed is performed between Land Owner and Proposed Co-Operative Housing society in 1975 at Maharashtra. Sale deed is registered. The Proposed Co-Operative Housing Society performed Lease Deed in 1992 of Plots for period of 999 years at Rs. 1/- rent. Amount of consideration paid to acquire a plot is not mention in Lease Deed. The proposed Society is not registered till date. The Chief Promoter of proposed Society died 2 years ago.
    Sir I have following queries :
    (1) Is Sale Deed performed Land Owner and Proposed Co-Operative Housing society valid as per law. since proposed society being no legal entity.
    (2) Is Lease Deed performed by The Proposed Co-Operative Housing Society valid as per law since proposed society being no legal entity.
    Thank You

    1. If the Sale deed is registered and the Proposed Society has taken steps to register then the society then the sale deed is valid.
      However, lease deed may not be valid in the eyes of law since the society has not yet come into existence. The Society must try and get itself registered before leasing plots. However, it is a more of a question of facts than of law since there are several societies operating without registration. The main consideration is whether the Society has taken steps to start the registering process.

  113. A person stays as a tenant in Kolkata and is allotted land in Salt Lake through a co-operative society on the ground that he has no own house. Once the land is allotted and house is built, if the person continues to hold on to tenancy – is that a violation of any law esp. since by maintaining the dual place, the person is defeating the purpose of allotting land which is to solve the housing problem?

    1. No, since being a tenant does not mean ownership he is not violating any laws. As long as he does not own another property within the same municipality he can own house in co-operative society of that same municipality. There is no restriction on owning multiple properties throughout West Bengal or India.

  114. Within what time frame a Nominee has to become member of Co-operative Housing society in place of deceased member

    1. Can be done as soon as the death certificate and other papers are available. Should be done within one year to avoid delay because the Society may sell off the property if none of the family members or nominee claim ownership, or if they remain untraceable.

  115. I am a member of a registered co-operative society and live in Kolkata. If I sell my apartment/flat to somebody, can my co-operative demand as compensation from the purchaser a fixed amount of money for their development fund ? if so kindly advise under which section of the Co-operative Act.

  116. Respected Sir, we are staying in a house at saltlake. The House was in the name of my grandfather and subsequently from bidhannagar municipality the mutation is done in the inherited decendants me,my father,my uncle (grandfathers son),my aunt,her two sons since my father and one of my uncle are not alive. Now I wish to buy a flat is purbachal housing society . Can I buy in my name.

    1. Hi,
      I think Purbachal housing society is registered under KMAH? Your house is not under same municipality. Even if it is, I think you can go ahead with purchasing the flat since the house is a joint property. How far have you gone with purchasing the flat? I think the society will approve your application if you submit all papers.

  117. Sir, I have heard a lot about you I would like to know that since I own a non co-op flat in Kolkata municipal area, can my wife purchase a flat in a co-op housing society in maheshtala municipal area.
    Waiting for your sincere advice …Asim Demta

  118. My maternal uncle had two flats in a cooperative society near Kasba, Kolkata in the name wife and son each..After few years he wanted to sell those flats and without knowing the co-op rules we agreed to purchase in the name of my daughter and her husband and accordingly approached society which they agreed and took the money for both flats as development fees.Society also issued a notice to make them intended members but never made them members also informed we can register our deed with our own lawyer which we did.We were not aware of the rules and top of it the lawyer also ignorant of the co-op rules.Further to this Bank also had sanctioned loans.So we had the impression that everything ok.These two flats joined together and made into one where my daughter and her husband stayed for two years and then they were transferred to Mumbai as per service requirement.The flat was rented out,the tenant after staying for four years vacated it one year back.Now we want to sell/rent these flats but present society board has objected for same family member clause and registration without the society representation.They are refusing to give the membership.
    The society from the beginning made mistakes to allot flats in the same family and of course we and our lawyer were ignorant and to make it worse bank also did not object.Now we want to get out of this mess.So, I will be thankful if you kindly guide us.
    Present position is like this, both the flats joined together and made into one.It is with bank loan for last eight years.The properties are registered but no membership has been transferred.The flats are under our possession and locked.

    1. If you have the notice and all other papers you can raise a dispute before the registrar. Find a buyer and make representation before society to transfer. If they deny then take the matter to Registrar. Do you have receipt of development fees? Keep all paperwork intact and raise dispute regarding society’s negligence and acceptance of membership. Speak to a local lawyer.

  119. I am a member of housing cooperative society in New Town, Rajarhat,Kolkata. The society has been allotted 6 cottahs of land by HIDCo and deed of conveyance had been execueted. The society has 8 members. The society is getting a G+4 building with 8 flats and 8 car parking constructed through a contractor. I have been allotted a flat in 2nd floor thru lottery.

    As per contractor schedule of payment every 3 months ,each member has to pay Rs. 4.5 lakhs every 3 month for construction to society, from where it goes to contractor.
    Now I have applied for a home loan/home construction loan ,which has been sanctioned. Now the bank is asking for an agreement to sale/deed of conveyance between coop. and me to be registered at Registrar office , so that they can keep the same along with Share certificate as mortgage.

    Plz. let me know, what to do, as my coop secreatary is telling me that they wont convey the flat.

    1. Agreement to sale is not sale deed. I think the coop should agree to it. What about the builder? What is the agreement between the builder and the society?

  120. a member of a co-op housing society which is under construction wants to transfer a portion of his flat to another existing member. means total member will be the same only one member will transfer his portion to another member as he is unable to bear construction cost.so please confirm

  121. is there any fees of society in kolkata if i am transferring flat to family member as gift deed

  122. Dear sir, I am having flat in Uttaran co-operative society( Anupama housing society), vip road kolkata. I want to gift my flat to my Elder brother and mother through gift deed. is there any fees of society in kolkata if i am transferring flat to family member as gift deed. Society is asking for
    Rs. 50,000 as transfer fees to give NOC. i heard that no fees is to be given if flat is transfered within family member through gift deed.
    plz reply earliest. Thanks & Regards!

    1. There are no transfer fees. A donation of 0.5% of sale value may be raised in terms of order no. 2522 dated 23.6.2003 of the Cooperation Department. However, if it is a gift deed at free of sale value, then the society should not ask for any transfer fee. Consult local lawyer.

  123. I like to purchase a flat from a member of existing cooperative housing society,land was allotted by KMDA ,salt lake in 1991.please inform me all procedure including any permission from kmda or u d deptt and any fees to be payable to them.

  124. I am a member of a Co-operative Housing Society in Kolkata. There is a monetary demand towards Temporary Car Parking charges being raised by the current Management Committee upon me relating to to the period April 2007-July 2008 which was reversed by the then Management Committee in early 2009 as the demand was considered unfair and unjustified. Can this new Management Committee again raise this demand, defying the Statute of Limitation and making this demand time-barred?

    1. If the car parking charges are not mentioned in bye-laws or amended bye-laws of the Society then it cannot be demanded. However, contact a local lawyer for further guidance.

  125. Dear Mr. Chenoy, my housing society in Kolkata municipal corporation levied exorbitant late fee on maintenance charge in the constitution which is unjustifiable. Is there any clause in the housing society by laws which stipulate the late fees on maintenance charge. If it is then how much is the late fee?

    1. There may be something in the bye-laws of the society. Please check bye-laws of your society. The maintenance fee and late fees depends on the consensus of the members of the society. Please contact a local lawyer for further guidance.

  126. Dear Sir
    I have sold my flat purchased from KMDA in 2009 to a person through power of attorney in may 2012.Now this is to be registered in the name of purchaser.
    For transferring the said property whether NOC from KMDA is required or not.
    Any permission from Co op housing society is required?
    How much society will demand?
    Pl guide me.

  127. Can affidavit of 1st class Judicial Magistrate is acceptable as a legal heirs document and housing society can issue the membership? The land has already been recorded in my name.

    1. Hello Mr. Mukherjee,
      Generally, 1st Class Judicial Magistrate affidavit does not count as legal heirs document. However, some societies may accept them. In general, Succession Certificate is the one which is Ordered by the Court and accepted as legal heirs document when there is no Will left behind by the deceased. In order to obtain the succession certificate you have to file a suit for probate and succession before the civil Judge. Contact a local lawyer for better assistance. Let me know if I can be of any help.
      Thanks.

  128. I’ m living purba hsg in salt lake. Our cluster has a childrens park. Everyday some boys started playing cricket and football from 3:45pm and no children can avail swing or slide for entire 3 hrs period.What are the by- laws regarding use of the childrens park and where can we complain?

    1. Hello Raktima,
      The purba HSG in Salt Lake must be having their bye-laws. I don’t think you can find any relief under bye-laws for this kind of problem. You can just ask the boys to play elsewhere or ask their parents to help. However, if you really want to complain, you can take this up at the local board meeting of your society or complain to the Society head.

  129. A person purchased a second flat from a LIG co-op member and first allotee. First allotee had the co-op benefits on registration value. But the second purchaser had to register on market value. Can the purchaser now purchase another LIG flat by his name in the same co-op housing?

    1. Hi Sanjit,
      You cannot own two flats in the same co-operative housing society under your name. It does not depend on what value the purchaser obtained the first flat.

  130. I am an owner of a flat of a housing cooperative….there are 8 owners including me…..my question is whether 5 members of the cooperative force the other three to abide by their instructions ..??

    1. Hello Sankarshan,
      It depends on the bye-laws of the society and the voting power of each member. If they are forcing something illegal then you can raise a dispute. For more detailed analysis, it would depend on the nature of the dispute. You can email me to chenoyceil@gmail.com.

      1. Thank you very much Sir for your help,
        My last question is the land has already been in my name in the land & revenue department, Kolkata municipal corporation & tax are paying by me,in that case whether I have to submit succession certificate for immovable property? Can I sale my property without having membership? Sir pl.advice me.

        1. Hello Mr. Mukherjee,
          The land can be in your name in the L&R department and mutation may also be in your name at the KMC and you maybe paying taxes. All these prove that the land belongs to you. However, if it is part of a co-op society then you need their permission to sell the property. If they are delaying in giving you membership, you should complain to the Registrar with copies of all your tax and other documents showing that you are the true owner of the property.
          Let me know if you need any further assistance. Good luck.

  131. I am the owner of a land which is under a housing co-operative society, but They are unnecessary delaying to give membership. Whether I can sale my property without having the consent of society?

  132. my father is the secy of a coop in new town. one of the member has sold of his property and funds have been transferred to the coop account but the prior permission from the registrar has not been taken. The bye laws very specifically states that no money should be accepted without prior permission of the registrar. Should he return the money or some other action has to be taken?

    1. Hello Rakshit,
      Any violation of bye-laws should be intimated to the society and to the Registrar at the earliest. However, the society and the registrar can ratify any violation in accordance with the guidelines of the WBCS law and bye-laws of the society. Your father should write to the Registrar and get it approved by the society and Registrar.

    1. Hello Basundhara,
      E-voting and secret ballot voting is allowed under Maharashtra Co-operative Housing laws. The West Bengal housing co-op laws state nothing about such features. If you are a resident and present then you have a vote. If you are not present, your proxy can vote in place of you, only if it is allowed under the bye-laws of your society. It can be allowed if the society amends its bye-laws and includes such features.

      1. Sir, many many thanks to you for your valuable suggestions, Sir,I have already Lodge a complain to the Registrar, moreover in their bylaws they are entitled to give only membership, they are not concern about the land,they can’t give any legal rights to the landowner, I think in that case I can sale my property without their consent. Pl. Comment in this regard, thank you very much.. Sir.

        1. Hello Mr. Mukherjee,
          It is true the land belongs to you. All I am saying is that you need to get the transfer approved. Even if it is land, and no flat, you still need to inform the society as it is part of the society.

          1. Thank you very much Sir, for your quick reply with valuable suggestions,
            Thank you.

  133. Sir,
    we , the members of a LIG at New Town( Rajarhat) , selected a new member ( entry date 26/07/2014) as a member of board of director on 28/02/2015 on BOD . Because there was no other option . is it lawful or not ?

  134. My mother has been a allotted a flat by lottery by West Bengal Housing Board at Purbachal, Salt Lake, Kol-97. Subsequently Majority of the allottee formed Housing Cooperative Society wherein She was not a shareholder member of the Society. Society used to take maintenance charge at the same rate with that of regular member of the society. Recently Society took a resolution in AGM that Non-member allottee has to pay additional amount towards monthly maintenance charge without amendment in the Bye-laws. Society was also insisting to become regular member. As per WB Coop Soc Act, membership is voluntary affairs. My question is that whether Soc can insist on additional amount of monthly maintenance charge ?

    1. Hello Mr. Das. Sorry for the late reply. Is the society still insisting on higher maintenance charge from your mother? What kind of a member is she of the society? The society cannot discriminate between regular members and non-member without any clear reason. Email me to chenoyceil@gmail.com with further details and I will try to help you. Thank you.

  135. Sir,my younger brother has transfer a flat under dreamland housing cooperative society,Doomurjola,Howrah which was purchased by him from W.B.Housing board by way of GIFT DEED in my name after inducting my name as Member of the Society.Now,it is told by the society that a Cooperative’s representative’s presence/signature is required at the time of registration of gift deed & since it has not done in my case My membership will not be accepted.Sir,kindly let me inform 1) whether it is required a cooperative’s nominee at the time of registration of gift deed.2)whether again a deed of declaration is required in my case for solving this .Pl. infom.

  136. Is it Compulsory/Mandatory and legally binding under the Constitution Of India and under the Indian Penal Code for a flat owner to pay Durga Puja Subscription/Donation to the Housing Complex Association every year? I am being repeatedly harassed to pay ever more increasing subscriptions annually, over and above the monthly maintenance charges! Please Advise Me Accurately On How To Avoid Getting Victimized Every Year!!

    1. Hello Mr. Ghosh. Paying Durga Puja subscription is not mandatory under any rules or law. However, it is a social norm. If you are being harassed you can write to the society and then take further steps as necessary. For further help email me details to chenoyceil@gmail.com. Thank you.

  137. Dear Sir, WE have a housing cooperative in new town kolkata can we take loan from our contractor
    to complete our housing co op. building.

  138. Sir, I am an original member of a co operative society at New Town and have just received C C certificate. As per current rules original members pay stamp duty as per construction cost. I have added my mothers name to the share certificate 2 years back. Please let me know if I am still eligible for the same stamp duty rule ? Regards

  139. sir,my younger brother has transferred his flat under Dreamland Co-operative housing society,Howrah purchased from W.B housing board by way of Registered Gift Deed in my name.Prior intimation was made and society changed membership in m y name.After that Gift Deed registration was made.Now society is telling that society’s representative;s presence with signature is required at the time of registration so it will not be accepted but it was not done due to ignorance. My question is whether Society can impose this as a rule & refuse my membership. If so,what will be my next step.Again Society asked for a Deed of Declaration from me to settle the issue. Am I bound to submit the same without any fault of me. Pl.giveyr. valuable comments.Thanking you.

  140. Sir,
    My father was a member of steel park cooperative housing society durgapur and died on 21.7.2014 that time my younger brother change his name in place of my father and become a member of the society by pressurizing my father and now claiming as a Owner of the property and he wants to sell the property. after knowing all this i raised a complaint in the registrar office immediately but they are not doing any thing…
    pls. advice me what can i do now? and can he sell the property so easily? i want to stop the selling of my fathers property and advice me how??
    Thanks and Regards,
    Amlan Das

    1. Hello Jamuna. I am not sure what you mean by duties. Is it an inspector appointed by the government? Then you have to ensure the society maintains its books correctly, audit the society, provide training and such allied tasks.

  141. Sir, i have purchased a flat under cooperative society in Kolkata -67 through registered deed without permission from cooperative society. Now for transfer the Kolkata Improvement Trust claim Near about 5 lakh for transfer fees. I already paid a heavy amount as per market rate to the govt when I registered the flat. How the transfer will be happened without fees or less fees as I have already paid it at the time of registration.

  142. Hi,
    We have a land measuring 8 bighs in kankurgachi area kolkata total area full of tenants, from 1981 all tenants has stop paid rent because they are claiming them self as thika praja,but as per govt record we are still owner and corporation also sending tax bill regularly. now tax liabilities of land become huge.
    Now we want to sale this land as is where basis can you please help on this.
    Thanks
    Debdas Ghosh
    9830505421

  143. I am a member of a co-operative but due to delay in construction, I want to purchase another non-cooperative apartment in the same municipal area. I understand that I cannot have more than one co-operative apartment/land under same municipal area. Is this applicable for non-coperative apartment as well?

  144. We the resident of the district of north 24 parganas by profession business , we want form a housing cooperative societies . We are looking forward for your valuable guidance in this regard.

  145. Dear Mr. Chenoy,

    I have few queries related to co-operative housing society.

    1. I am not permanent residence of West Bengal but residing in Kolkata for 9 years and intend to become permanent residency of WB. Does I am eligible for WB cooperative housing society members?

    2. I had saw a registered cooperative flat in newtown kolkata but seller’s mother have also a flat in same cooperative. Scenario is like this 1 Member had transferred the seller flat to his grandfather and his grandfather transferred to the seller. In the legal aspect Does such case is authenticated ?

    Regards

    1. Hello Mr. Amit. 1. Yes you are already eligible to own a co-op housing flat since you have been living in Kolkata for 9 years and you can buy an apartment now. 2. Having flat in the same housing society as your mother is legal if you are an adult. Besides if your grandfather transfers or gifts flat to you then it is also legal. Now the seller can transfer that flat to you. If you need further help email me to chenoyceil@gmail.com.

  146. dear mr Chenoy,
    I am a member of cooperative housing society and its managing committe. Our society at New
    town under JRCS, RTAH.

    I am a regular visitor to your site and helps me to understand about WBCS act 2006 and rule
    2011.

    The society registered under wbcs act 1983. There was a provision in the society Bye laws to
    charge 2% penal interest for delayed payments though I could not find any such provision in
    wbcs act 1983.

    There is no such provision of penal interest for delayed payment in WBCS act 2006 also.
    However the clause of penal interest for delayed payment has been removed in model BYE Laws
    printed by West Bengal State coop union.
    But majority of the coop housing society in kolkata/west bengal charge penal interest till
    date. The penal Interest is exist in maharashtra and delhi coop housing societies.

    My question whether cooperative housing society can charge penal interest from its defaulter
    member for delayed payment now under wbcs act 2006.

    Please enlighten me.

    1. Hello Pragyan. Thank you for your kind words. I am trying my best to help people to avoid getting drowned in the uncertain waters of housing societies. The penal interest for delayed payment if introduced in the bye laws of a particular society can be tested for its legality by the Registrar of Housing Society. However, though the WBCS Act may not have such provisions. They might still be applicable if approved by the members of the society and agreed to in the bye laws of the society. For further help email me details to chenoyceil@gmail.com. Thank you.

  147. In my co-operative housing society flats have been allotted by so called lottery where no notice
    have been served to me who is a member so that I could be present. Is it legal ? Please advice
    solution to get justice.
    Thanks

    1. Hi. Notice must have been served to all existing members. Are you sure you don’t have any different address where they might have sent it. Did you check with other members? Was the lottery decided during any AGM and approved by resolution?

  148. I had booked a flat in a housing Co-op Society in Kolkata in 1975. Since I was living in the USA I booked the flat in my brother’s name and paid all the due installments from 1975 and 1983.My brother paid the last 2 installments. I decided to come back to India in 1979. In 1980 I had received a letter from the Secy of the Socy that as per my brother’s request my name has been added as a co-owner. There was no reason for me distrust the Society Management.
    Recently I wrote to my brother to replace my name with my daughter’s. My brother replied that the ACT did not allow to add a co-owner so nothing has been done. The Co-op Society has not informed me that the addition of my name as a co-owner. On Dec 1 2016 I wrote to the Secy of the Society to explain why my name was not added and why I was not informed all these years.
    I do not live in Kolkata, who should write to for taking corrective action. Thanks.
    tushar chowdhuri

  149. Dear Sir,
    Good evening. I am the owner of a flat in South City Garden, Kolkata. I reside in Chhatisgarh for job,which is transferable. So I let out my flat on leave & license agreement. Recently the newly elected body of cooperative society has started charging fee from me as tenant fee which as as much as Rs 9200/-( Rs 10/- per Sq Ft.). I pay all the CAM charges in time. But they stopped all services to my flat when I refused to pay that fee.More than that later they forced me to pay this two times in a year ( Rs 9200 x 2) because my first licensee left after three months( due to torture of society administrator & security!)
    My question is: is it justified in the eyes of law? I pay all income taxes, property taxes & CAM charges etc in time, still by way of mere authority of an elected society can they charge what ever they want? I inquired in Bengal Ambuja, Uphaar. They do not ask for any such fee.
    Recently they added another fee to the CAM charges: corpus credit of Rs 828/- per quarter.
    In failure to pay by due date they charge interest of 18% for three months and then @30% for the rest of the period. I have heard that according to RBI guidelines penal interest rates cannot be more than 12%. Is it true.
    If so,what action should I take?
    Thanking you,
    C Haldar

  150. Can 2 brothers be joint owners/ members in a cooperative housing society of West Bengal. Can the shares be in joint names of 2 brothers ?

  151. Please let me know whether a member of a cooperative housing society can be elect as
    Director when he rented his flat for earning.

  152. My friend purchased a flat from a co-operative society in Kosba area in 2003 when he was already, owning a 3 storied building on a plot of land at Salt Lake jointly, along with his three brothers since 1998/99. While purchasing the flat he gathered that the jurisdiction of the building at Salt Lake and flat at Kosba being under two different Municipalities, (one is Bidhannagar Municipality & other is Kolkata Municipality), he was eligible to have a co-operative flat at Kosba as well, especially when no portion of the building at Salt Lake could be sold by any of the brothers. He did not consult any professional person like you before purchasing.
    However, if he was right, under the same logic can I purchase a co-operative flat at Salt Lake though I am an owner of a co-operative flat at Beliaghata.

  153. Good Afternoon ! A flat has come up for transfer of shares in our building Embassy Cooperative Housing Society ltd, situated at 4 Shakespeare Sarani, kolkata 700071. The person who has applied for transfer has submitted declaration that he has does not own any property elsewhere in the municipal are of Kolkata. he also has submitted copy of purchase sale agreement in between himself and the seller. However, his flat is not registered, i.e. there is no conveyance as yet towards his flat.

    Sir, it will be apprecaited if you could advise if the managing committee can transfer share certificates in his favour in the absence of conveyance, with all other formailties and necessities being duly met with.

    My mail id : ramvanjani13@gmail.com

    Thanking You
    Anil Vanjani’
    +919836652987

    1. Hello Mr. Vanjani,
      You can transfer the share based on certain documents that you should seek from the parties. There are few steps that must be followed before transfer of share. However, you do not need the registered conveyance deed upfront. You need a declaration from the transferee that the certified copy of the registered sale deed will be submitted to the society within a given time frame. You can email me to chenoyceil@gmail.com for further guidance in this matter. Thank you.

  154. Good evening. as per Rule 93(7) of the W.B.C.S. Act 2006, Housing Co-operative Society may charge tenancy charge @ 10% of the monthly reserved rent from the tenant on letting – out of a Flat by any registered member of the housing society under tenancy. I would like to have a proper understanding of the matter.
    Your kind views upon the matter is highly solicited.
    Thanks
    Manoj Roy

  155. I am a member of cooperative housing society in Action Area – I, New Town, Kolkata which is a free hold land. Kindly clarify me the following –

    1) Can I apply for a second cooperative membership for a new plot, leasehold bais, in Action Area – II, New Town, Kolkata ?

    2) If answer to 1 is NO, then can my mother, a govt. pensioner, apply as a cooperative member and nominate me the ownership of the plot/flat, in her absence ?

    Regards

    Nirmalya
    9433392185.

  156. In the year 2008 I was inducted for membership of a coop housing society at NKDA, Rajarhat in accordance with the existing rules. The coop society was formed in 2003. The transfer of name, replacing a member, was duly approved by the Dy Reg of Coop society, Govt of WB in 2010. Construction of dwelling units started in 2013 and completed in 2016 and all the members contributed equally for completion of the building. what will be the registration fees for the individual flats and will there be any difference in registration fees payable by me and other members.

  157. Whether any occupant/ allottee can object for erection of lift in existing building Housing cooperative Societies in West Bengal. Whether objection sustainable when flats are allotted by Housing Society to the allotteedd

    1. Hello Mr. Ghose, it depends on the members of the Society and majority voting in favor of either. An allottee can definitely object even if the flats are allotted by the Housing Society.

  158. Dear Sir,
    My aunt is a member of a Housing Cooperative Society in Panagarh,West Bengal.She wants to dispose her property(land & house). I am aware of Cooperation Dept. Order no. 2522 dt.23.6.2003 and the update of 2015 in this regard.Even then, my query is : Is the land mine (i.e. my aunt’s) & can the Society demand any money as cost of land ( or on any pretext ) from buyer/seller during the disposal / transfer of the Property to an otherwise eligible person(would be member).What are the Acts / Section of Co-Op. laws I can cite in my support during an arbitration.Is there any other avenue whereby the Co-Op. Society can demand any money during the transaction / transfer.How do I prepare myself for an arbitration & would request for a contact help-line number.
    I shall anxiously look forward to your mail as the matter is most urgent.
    Thanking you in anticipation.
    Yours faithfully
    SANJAY SUTRADHAR

  159. I am a tenant in a co op. for the last 8 years. I park my car in the open parking area against a fee as charged by the co op. The co op suddenly now is not allowing my car to be parked , as I am a tenant, even at the cost of the respective charges.Can the society effect such action. How can I park my car as is done on date. Regards Biswas.

    1. Hi Arghya, was there any resolution passed by the society to disallow tenants from parking cars. Since you are a tenant of the landlord, see what rules apply to the landlord. Also any new rules has to be approved by majority members. Email me to chenoyceil@gmail.com if you need further help.

  160. I need to know one information on selecting secretary for housing Society in Kolkata. The society registration process is in progress. My Wife is now the Secretary of the society. The flat is registered in my name. So is there any way so that she can continue the post after registration?

    Her name entry in deed will be costly for me at this moment. So please let me know the way so that she can continue the post.

    I will be grateful to you if you kindly let me know the information as soon as possible.

  161. Hello Sir ,
    I want to be part of a 8 members housing society at Rajarhat New town under LIG scheme ( apartment under construction now ) , One of the existing member is leaving due to health issue , I am planning to buy it from him . I have two question
    1. Is it necessary to enlist my name at HIDCO after society confirm my membership ?. If yes , what is the procedure ?
    2. Once apartment constructed is there any restriction to sale the flat allotted to me ?

    Regards
    Samarjit

  162. Dear Sir,

    I and my family are leaving and a member of 8 members Housing co-operative society in Newtown , AA-1, Kolkata.

    Many of members has given his/her flat as PG accommodation through a PG owner (Member—> PG Owner –> PG accommodation)

    Such PG accommodation established w/o knowledge of Us.

    We are facing huge problem due to this , some are given bellow.

    a) Shouting in Night.
    b) Main gate is open 24×7.
    c) Arguing with member/Care taker in night/day..
    d) Smoking, and consumption of alcoholic beverages in common areas.
    e) Care taker do not have list of residing PG accommodated tenants as well as too us.

    Many more,

    However we had intimated such kind issues and against of such establishment over the phone to the chairperson , Secretary and members . But these are in vein. Majority is in favour of these members.

    We had requested many time to call a meeting to sort out the issues but they are denying.

    Please suggest,

    A) Does such types of establishment is legal in residential housing society ?
    B) How to proceed to demolish such establishment?

    Eagerly waiting for your response.

    Regards

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