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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 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: https://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.

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

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.

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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

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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?

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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.

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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.

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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

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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

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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.

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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?

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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.

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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?

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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.

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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.

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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?

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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.

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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.

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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?

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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.

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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?

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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

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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.

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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

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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!

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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

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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;

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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;

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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?

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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

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

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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

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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.

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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

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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.

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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.

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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

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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.

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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

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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

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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 ?

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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.

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