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Co-operative Housing Society Rules West Bengal

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

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

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

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

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

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

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

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

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

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

Hi Chenoy,

My mother and father were working in a same organization, and both were members of the co-operative society of the same organization. Can they both buy the plots individually, one in my dad name and the other in my mother name in the same co-operative society.

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I am a member of a Co Operative Housing Society in a prime location in Kolkata where prices are approx. Rs. 15,000/sq ft. The society was registered in 1967. (I have reason to point these out). My parents have a flat and are joint members. I also have a separate flat and am a member. Recently we have purchased another flat in the same building in the name of my wife. This was done with a prior written NOC from the managing committee. The flat has already been registered in the name of my wife (in 2014). Since then, the committee has changed and the new committee is refusing to transfer citing that the Jt Registrar has objected to this transfer stating a family member cannot purchase another flat. What is our recourse now? We have spent a considerable amount of money while buying the flat and with prior permission of the society. Some points to note:

a) In an earlier communication (dated 1997), the society had informed my parents that since the society is registered before 1972 it is not mandatory for them to obtain permission to transfer from the Registrar of Co operative Societies.

b) The bye-laws (drafted in 1967) state that shares (nothing mentioned about flats) held by a member may be transferred to another existing member.

c) The bye-laws do not state any restrictions on purchase of flats of family members. The bye-laws merely state that “any Indian above the age of 18 years residing within the area of operation of the society” is eligible.

d) The bye-laws state that all matters, not specifically provided for the bye-laws, shall be decided according to Co-Operative Societies Act (Bengal) XXI of 1940.

A fellow member apparently complained about the imminent transfer to the registrar and the committee has hence refused citing the objection of the registrar. Why does the present committee need to take permission from the Registrar when the previous committees haven’t? What is the status of the if the society refuses to transfer in my wife’s name (even though I have written NOCs to the transfer from the previous committee)? What is the relevance of the approval or interference of the Registrar in such an old and self-sufficient society which no longer enjoys any subsidized benefits (of plot allotment, or tax, or amenities) from the Government in any manner. There are other members of this society who hold flats in multiple names (wife’s, minor daughter’s, etc.)

Will be forever grateful to receive some advice and insight from you as you have a particularly excellent hold on co operative law.

Thanking you.

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Hello Mr. Ceil, I would like to know the procedure of cooperative flat registration…is it different from normal flat registration? and what are the document required for cooperative flat registration?

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Dear Mr Ceil

I must appreciate your effort and knowledge You are providing here. I have an issue with my fathers property, which I would like to discuss with you and will be thankful to get your advice.
My father has a 3 BHK flat at EE block salt lake. He is a retired engineer of KMDA (formerly CMDA). My father is mentally disable after a cerebral attack.
As a cooperative member he is the owner of that flat. We have a tenant on that apartment which has been approved verbally by the co-operative society.Now the co-operative administration want to increased the monthly maintenance charge which they calculated is almost 12.7% of the rent amount per month.

My Q No 1. Is the maintenance charge amount is justified?
Q No 2 is it possible to sell the property later on.
Q No 3 If it is possible to see how much amount they can charge as an exit fee.
Q No 4 Is it possible for myself to take the full authority of that property by POA?

a helpful,honest and an expert subject matter like you is much needed in India.
Thanks

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Can you please tell me if I want to resell a flat which belongs in my name in government housing complex what are the rules of selling the flat. Are there any restrictions on the price I set? Also is there any rules as to whom I am selling? Does he have to be government employee? do I have to sell according to the rate of land there, not more than that. And do I have to tell the authorities that I am selling it? Kindly reply to my questions.

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hi
I am arup a member of chs under wb coperative housing society at salt lake kolkata. our building is G+3.& has open area (common) of 800 sq ft approx. can the common area be used for parking of owners?
regards

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It’s really very informative. I read almost all the replies. I have few questions in my mind. Please help me.
1. Can the membership of LIG be in my wife’s name as my income is above income criteria of LIG ownership.
2. Is home loan available in case of membership transfer also?
3. Is the registrar involved in the case of membership transfer or only the cooperative society’s decision is final.
Thanks a lot.

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Dear Mr. Chenoy, Great blog sir! Sir, Pls advise on the transfer/sell of my apartment under Kolkata Municipality area. A clause in the agreement of our co-op society goes as below:
“Lessee shall not be entitled to sell, transfer, his right, title, interest in the demised apartment to anybody except the society. And if he desires so, he shall give notice of his intention to the society and the society will arrange for the purchase of his right and interest to some other person of his choice on admission as member of the society. In no event shall the lessee be entitled to sell to any person who is not, or is not eligible to be, a member of the society.”
In effect sir, all those who are out of Kolkata and settled elsewhere are selling their apartment to persons of society’s choice at 70% of current market value. I am also getting offers from insiders at 50% of market value. We are getting old and settled out of Kolkata.
Pls suggest sir what to do. Can they thrust upon a buyer on us. Or we can sell to any buyer who has no other apartment under KMC area and has valid documents.

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Sir,

We have a housing society of 8 members among a particular group of friend circle of like minded friends. We have plot in new town, Kolkata under HIDCO, where we want to build a G+4 block of 8 flats. One of us is willing to sell his share to an unknown person at a lucrative price. We know that this will disturb the harmony of the group.What can we do? Can we stop him? Regards,

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hi sir,my mother takes tuitions at our home only for 3 hours in a day.we are following the parking rules but still the building authorities are harassing us.what should we do?
pls help

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Hello Mr. Chenoy,

I am a member of a housing cooperative society in Rajarhat, Kolkata. Presently I am out of state for my service.
1. Can I authorize through power of attorney to my friend to attend meeting on behalf of me?
2. Is there a rule that the membership will get cancelled if a member cannot attend 2 meeting out of 6 to be conducted in a year after construction of building started?
I will appreciate your response on my queries.

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Dear Mr. Chenoy, my mother is member of a co-operative housing society in Salt Lake, Kolkata. Can she give her flat on rent?

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Dear Mr Ceil,
Co-operative Flat is in the name of HUSBAND and the Membership of the Society as well. Now Joint Membership of his WIFE is sought whose name does not appear in the Flat Deed. Is it permissible?

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Very well presented with facts and case laws. I have a query. I live in Mumbai but I own a flat in my wife’s name in a coop housing society in Kolkata. In the year 2007-08, the Managing Committee(MC) issued a circular raising the car parking charges from Rs.500/- to Rs.1500/- without any approval of the General Body in a duly convened General Body Meeting. In a hurry my brother who stays in that flat issued a letter to the Society stating that in that event we would like to vacate our car parking space with effect from the next month of August. However, other affected members got together(in all some 8 or 9 members) and requested the society to reconsider the decision and after a discussion held with those members, the amount was settled at Rs.750/- per month. So, we immediately conveyed our intention to continue with the our allotted parking space and clearly mentioned that our previous letter in that respect be ignored. All of the others were allowed yo continue with their respective parking spaces but we are not. We were asked to remove our car and we did not abide by the same. We continued to park our car within the building premises. We followed up with letters from our Advocate but the MC was not bothered. Even registered with A/D letters were refused and we have proof of the same. Then one fine day in 2008 they sent us a bill @200/- per day totalling to some 5600 odd rupees per month. Then the MC changed and everything was quiet till last June15. Now the present MC has started issuing monthly Ledger Statement of account to all members wherein all previous arrears are shown as Balance b/f. In our case on the parking front(we have sold our car in 2012 or 13), the statement of account is showing arrears c/f of Rs.139000/-. The fact that I would like to bring to your kind attention is that from around the end of 2009 or say beginning of 2010, no invoices or demands were raised with respect to the said penal charges being arrears or due for payment. Only now as of June15, the statement of account is being issued each month showing therein Arrears c/f for Rs.139000 on account of parking charges. Now, as per coop housing byelaws in Mumbai each member has to be given one parking if the member owns a car. So, I believe the same would apply to Kolkata and that we could not be told to remove our car in 2008 and in not doing so, the society cannot charge parking fee as penalty @ Rs.6500/- odd per month. Seems absolutely illegal. But my question to you here is that,since no demand for payment of the said penal charges or arrears of parking charges were raised from 2010, can the same be treated as “barred by limitation” under the statute of limitation after the same is being raised after a gap of 5 yrs in June 2015? Kindly enlighten me on this limitation issue. Look forward to hearing from you soon. Kind regards,
Subrata Sen

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Chenoy, what are the responsibilities (financial & legal) of Chairman and Vice-Chairman of a housing co-operative society?

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Hello Mr. Ceil

I have a flat in Salt Lake in a co-operative society. The flat was incomplete with net cementing floors and others when I started living there since 2001. Recently I decided to complete the floor with tiles and other remaining work (electrical, civil and wooden work). I wanted to do some interior decoration i.e. false ceiling.
If I intend to do this, is it violating the rules and regulation of WB housing society by any means?

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Hi, I have purchased a Co-operative share for HIDCO allotted plot and paid the money by Bank Check payable to the Co-operative Society. But at the time of name transfer at HIDCO the old outgoing member raised concern that he has not received the money and does not want to give up the share. So HIDCO has stopped the share transfer. Can you please suggest what should I do. Also can HIDCO stop the share transfer when the Chief Promoter already submitted all documents as per HIDCO rule(Letter from outgoing member and documents for incoming member).

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Dear Chenoy,

Please let me know if 15 flat owners who have already occupied flat and staying there past 2 years can form Housing Cooperative Society now for better management of the building. Role of promoter in this case is nil as he has sold out all flats and will not intervene perhaps in formation of Housing Cooperative Society at this stage. If yes, can you please guide us the steps we need to follow to get the Society registered? The property in question is located under South Dumdum Municipality, Kolkata.

With warm regards.

Kakali

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I want to purchase HIG cooperative share in new town action area 1,kolkata. The share holder also buy this from the original shareholder(on whose name the cooperative share alooted).
1.MY question is how many times the cooperative share can be transferred/sell?
2. Is cooperative share transfer is legally allowed? What are the point need to be checked?
Kindly reply in details?
Thanks.

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Dear Mr.chenoy, we have a housing co-op society of 32 members in Newtown Kolkata. a demand for Rs3.55lakhs was given by the society to each member for starting construction of a G+8 building consisting of 32 flats. in the first phase above amount was demanded for pilling and pilcap upto plinth height. 8 members defaulted in paying the above instalment for a continuous period of 6 months. accordingly,they were expelled from membership due to the above reason. the 8 members have initiated legal action against the co-op society. now the society is planning to start second phase of work with the help of existing 24 members. now my question is whether the co-op can demand second instalment from me. since construction upto plinth level has not been made can I refuse payment of second instalment on the ground that the commitment of the society has not been made by completing work upto the plinth level for which the first instalment was demanded for. i shall be obliged to receive your advise in this matter. yours faithfully, Tarun ghosh

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Dear Sir,

I would like to sell off my property in a cooperative housing society in kolkata. In board meeting of the society they are creating issues. Stating if anyone sell at profit price more than the valuation. Then I need to pay 5% of the profit margin. Does any rules exists?
It is being done purposely to stop selling as the members wants to purchase at lower rates. Also they have stated that the funds would be used for maintenance.
Till now they havr agreed to Rs 10000 onetime both from seller and buyer irrespective of the transaction amount.I have paid the same while I bought this flat in 2007.( resale)
Would like to know how to go about. What is the current law and what is the apt % ?
Can I challenge the same?

Regards

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my friend who is having a site and living in that constructed house is applying for another site for his son who is staying separately and son does not have site or building.Source to pay instalment to society is from son fund. after allotment this will be relesed in the name of his son is it permissible

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Sir, My uncle has a plot at satgram Housing Co-operative Society Ltd,78/2/48,Biren Roy Rd.Kolkata-700027, they have no issue, My aunt died before my uncle died, as per Daya Bhaga law of Hinu Succession Act,1956 the two sister were alive, so they are the legal owners of the said property. An affidavit of first-class Judicial magistrate has been submitted to the Society to change the Membership, Parcha has also been changed in their names but the society is playing game get some money. In this regard what we can do.

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Our co op housing society has 9 members on the board. One member was disqualified due to continuous absence in the meetings. Now the effective strength is 8 and many decisions are taken by 4 members (Chairman, vice chairman, secretary and treasurer). When the other 4 members are also present the decision is taken by casting vote of chairman.

I would like to know whether this procedure is correct in the eyes of the law.PVB

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Sir,what should be the time gap between date of notice of GBM and date of GBM of a housing cooperative society registered under the WBCS Act. ?

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Sir, whether General Body can prematurely dissolve any committee / Board for any reason whatsoever ? If yes pl. quote the section / rule, laws.

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hi. I have got a flat in Kestopur area, which was purchased along with my wife in joint name (her name being the primary one). Now few of our colleagues are trying to apply for a co-operative plot in saltlake area.
Will there be any problem to be a part of the co-operative team as I already have a flat in joint name.

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We have G+4 – HIG apartment at Rajarhat. One of our member ( Came through name changed from his brother) wants to sale his flat to a retaired IPS. Most of the members having objection. He is also a defaulter member for more that 6 month and interest not yet paid by him. Can we stop selling / proposed for cancellation of membership “defaulter more than 6 month without a break. This person is having another falt at Rajarhat (Ownership) nearby at our cooperative.

Your valued suggestion will be solicited.

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I have purchased one membership in New town kolkata , From 8 member Society and received acceptence from Chairman of the society . now for bank loan i need share certificate from society register office . how i get this cretificate .

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MY FATHER GOT A PLOT OF LAND FROM ANANDALOK HOUSING CO-OPERATIVE SOCIETY ,CITY CENTRE DURGAPUR , IN 1989 MY FATHER PASSED AWAY WHEN THE HOUSE WAS UNDER CONSTRUCTION , IN 1990 WITH THE NOC OF MY SISTER THE MEMBERSHIP HAD BEEN CHANGED JOINTLY WITH ME AND MY MOTHER , IN 2014 MY MOTHER PASSED AWAY AND FROM THAT TIME MY SISTER WITH HER HUSBAND OCCUPIED THE FIRST FLOOR OF THE TWO STORIED BUILDING THOUGH MY SISTERS HUSBAND IS HAVING A PATERNAL HOUSE IN THE SAME MUNICIPAL AREA .NOW ADVICE ME ABOUT THE ACTUAL CLAIM OF MY SISTER

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Our housing coop society has sold a
certain portion of common area to its chairperson. I seek your legal advice vis-à-vis .. legality of this action. This society is in Kolkata proper. Can a society sell common area and/ or Parking space to its member??

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Dear Sir,
I purchased a flat of CMDA Employees Housing Co operative Society in 2001, on sale agreement, as the seller was on job, he assured us to transfer it to our name after his retirement. But after his retirement when we approached, he demands more money to do so. We approached the society officials, but they are saying with out seller’s consent they will not be able to do any thing. Please advise us how we can transfer the flat in our name.

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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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I am the owner of 4 flats in my housing complex having Residents Welfare Association under WB Cooperative Societies Act. It says, one vote per flat. At the time of voting, i should be entitled for 4 votes. Is it true?

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Respected Sir,

Owner of the Flat from W.Bengal Housing Board and his wife expired having one son and one daughter. Both are married. I have the following queries.

1. In the Share certificate of the co-operative showing the name of the daughter.
2. In Corporation Tax receipt showing her name as ‘Liable to pay Tax’
3. The original Deed of Lease from Housing Board is in the name of her father. She has no Deed in her name.Is it necessary.
4. Father did not collect the Deed of Re convenience. Is it necessary.
5. I am retired person want to purchase the said flat.

Kindly advice me whether the above papers are correct or need more papers indicating the Rule for future safe guard.

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n order to create valid charge on the property BELONGING TO society BY THE MEMBER IN FAVOUR OF BANK WHETHER PERMISSION OS SOCIETY IS NECESSARY?

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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.

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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.

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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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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.

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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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