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

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

Chapter VIII of the 2006 Act deals with special provisions with regard to housing Co-operative societies. One of the most common query regarding housing societies is whether a person can be a member of more than one housing co-operative society? The answer is a resounding yes. As long as a person, or any member of his family does not own any plot, house or flat within the local limits of any municipal corporation or municipality or town or gram Panchayat or notified authority area where the housing Cooperative society is situated except for the one where he is applying or has applied. Then the person is under no legal disability to own more than one flat in different housing societies located at different municipality areas or towns or gram Panchayats or notified authority areas. This implies that a person can own more than one housing co-operative society property in different jurisdictions.

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

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

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

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

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

For more information about Disputes and Differences in Co-operative Housing Societies you can read my post here: 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.

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381 thoughts on “Co-operative Housing Society Rules West Bengal

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

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

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

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

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

    Like

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

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

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

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

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

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

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

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

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

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

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

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

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    1. Dear Sir,

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

      Thanks n regards
      Writabroto Dutta

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        1. Sir,

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

          Kindly help us out with relevant information.

          Regards

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

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

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  11. PLEASE IGNORE MY PREVIOUS MAIL IN THIS REGARD.

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

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

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

    With regards.,

    ASIMAVA DEBNATH
    BIDHAN NAGAR,DURGAPUR-12

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

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

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

    Like

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Like

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

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

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

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

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

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

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

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

    Like

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

      Like

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

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

      Like

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

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

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

      Like

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

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

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  32. 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?

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  33. 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?

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

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

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

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

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

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  35. 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 ?

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

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  36. 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.

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  37. 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!!

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  38. 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.

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  39. 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

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  40. 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.

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

    Like

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

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  42. 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.

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