Legal Article Real Estate Help

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 No when it comes to West Bengal. A single member can own more than one flat but not two co-operative housing flats. As long as a person, or any member of his family does not own any plot, house or flat within the local limits of any municipal corporation or municipality or town or gram Panchayat or notified authority area where the housing Cooperative society is situated except for the one where he is applying or has applied. Then the person is under no legal disability to own more than one flat in that housing society. This implies that if the person has another flat or land or plot located at another different municipality area or town or gram Panchayats or notified authority areas then the person can still become a member of a housing cooperative housing society. This implies that a person can own a co-operative housing apartment or flat when the person’s other property is in different jurisdictions. However, ownership of 2 housing co-operative flats in West Bengal is not allowed.

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. This also includes adult son and daughter, irrespective of marital status under Rule 2(k) of WBCS Rules, 2011. 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:

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.



The Registrar of Co-operative Societies,

 Dated …………. 20….


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.

486 replies on “Co-operative Housing Society Rules West Bengal”

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


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


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.


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.


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?


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?


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.


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.


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.


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.


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 ?


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 ?


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 with further details and I will try to help you. Thank you.


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.


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!!


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.


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


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.


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


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.


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.


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.
Debdas Ghosh


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?


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.


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 ?



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


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

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.


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 Thank you.


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.


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?


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


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


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 ?


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


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.


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 :

Thanking You
Anil Vanjani’


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 for further guidance in this matter. Thank you.


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.
Manoj Roy


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 ?




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.


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


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.


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


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.


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 if you need further help.


[…] Transferring property in cooperative housing societies can be a daunting task, especially, since most Societies ask for innumerable documents and delay approval. Further, some societies also seek exorbitant amount in transfer money. If you need to know the law behind housing societies in West Bengal, check this post here: […]


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.


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 ?



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.



Hi Ceil.
I am Ashis. I am a cooperative society member of one LIG property in New Town. We are 08 members . Our society got sanction from HIDCO to construction . Two members are delaying not to start.We are forcing them to start but they are not interested . Can you suggest any legal action we can take against them . Or how to remove them from membership? What is the best solution to construct building as soon as possible.

Ashis K


We have no committee and registered welfare association in 29 owners flats building. one lady has purchased two flats one at 3rd floor on her name and 2nd at ground floor which was on her daughter name, this ground floor house is made from closing all parking areas by developer or builder when parking areas not sold, my question is shall they have to pay maintenance common charges for two separately as they are two different flats on different registered electricity connections and names(3rd floor house- mother) ground floor house(daughter). the mother is not paying separate house maintenance charges rather she is stating that she will add 800sqft her house of 3rd floor and 600sqft house of first floor daughter house in one and pay 1400sqftX0.60 paisa rate=840/ only where as separate amount comes but our old committee decided that per flat of below 1000 sqft area should pay 500/ each for every unit flat, this comes 1000/ the tussle is going on. what should be the remedy? those have higher sq ft areas are reluctant to pay on sq feet rate, rather they ready to pay 600/ per unit flat instead of 0.60 paisa per sq ft rate? please guide.


Hi,I am niranjan ,residing at Kasba,
My quairy is whether two brothers
having two flats at First floor but both
flats are inter connected availing like simgle flat by not giving any separatipm,using big portoco different
from other flats ,is this violation of laws for using maximum space and violating actual building plan
Please suggest



I am concerned for a housing cooperative at newtown where my in laws paid to a developer who is acting as a mediator between original outgoing cooperative members(8) and new (buying) members for a fully new group of a hig plot being developed by that developer. Developer paying the old group of co-op. members as per the deal price for transferring their share by taking the money from new party willing to have a flat in that co-op.
The main problem is that developer altered and occupied the caretaker room (as per sanctioned plan) for making a shop, also shifted the mandatory ground floor toilet portion to the other part of the room area without any revision/changes in the plan. This is done purely to earn some extra bucks by selling the shop and it is without any consent from the newly transferred(five)/not transferred(three) members. We fear that the guest parking also may be kept occupied and thereafter may be sold to a third party.
Whether NKDA can give CC by overlooking such unauthorised changes made beyond the sanctioned plan with the help of bribing the authority and present members should have any say on this at this point of time to protect the encroaching the housing co-op. area by the developer. Litigation may be a big threat to take any step against as construction is underway, but the advantage taking by the developer to ruin the housing norms during this transition period can be stopped by NKDA/HIDCO and a healthy cooperative society can be prevailed over there else there will be a backlash to continue for a long run. None among the present members are also in favour of a shop in their residential project in exchange of the mental peace and quietness around their own surroundings throughout.
Please guide and advise us accordingly to come out of the shop nightmare in the project.


Hello, do you have copies of site plan and building plan? Do you know if any changes have been made and approved in the building plan because sometimes building plans are revised before completion? Have you raised any written objections to NKDA/HIDCO? What’s the current status? Let me know if you need any professional help. Thanks.


Thanks for the reply. Again fearing the litigation no member is in favour of putting any written complaint to HIDCO/NKDA or taking any legal step regarding this unauthorised occupying the part of the society. Changes or revision of the plan has not been done so far as the developer is taking a part of every society same way they are developing on the pretext of the HIDCO published proposal in newspaper nearly two years back for ice cream/cake shop provision in the society building. In this way they are taking away the societies own space forcibly once the complete society members are being changed during the course of land development.
The building sanctioned plan we are having but site plan not available with me or any other member.


I want to buy one HIG Flat from a member of Housing Co-opt Society in New Town. What are the basic steps to be followed. The building is under construction.


Hello Partha,
Conduct due diligence of their papers and look through all details. Better to contact an experienced lawyer as several projects are getting delayed. Do check for timeline of delivery, penalty for non-delivery and if the property is registered under WBHIRA. If you need further assistance contact me at


Depends on the kind of property and if it is a housinng society then they will have a standard format for change in nomination. Under Section 76 of WBCS Act along with Form 28B is the standard format but nominee can be only one under such provisions of law. If you need further help, email me to


Hi there,

My co-operative society (in Saltlake, Kolkata) is forcing me to pay the maintenance charges in cash, while I prefer online transfer as it helps me to keep a track of the payments. Is there any law which can force me to pay cash? Also if the co-operative society is not maintaining the property properly and there are water leakage and damaging the ceiling on my apartment, can I refuse to pay the maintenance charges unless the issues have been resolved? Please let me know.


My wife became a member of a co-operative housing society in Kolkata in 2006 by way of nomination after her mother died in 2000. The apartment completed in 1987 but the apartment is yet to be registered in hen name as we were away from West Bengal. I bought another co-operative housing society land in Kolkata in 2003 and constructed a house in 2009 in my name.
For registering my wife’s apartment now is it mandatory to sell my property first?


Dear Chenoy,
We are 32 Members bulk cooperative housing society at Rajarhat Newtown under WBHIDCO and We are proceeding towards construction on the land. Is there any legal procedure for allotment of Flats by way of lottery : do/shall we have to engage any external agency for the same….
Please enlighten.


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