Property Law

Managing Co-operative Housing Society and Allotment of Flats

Under West Bengal Co-operative Society Rules 2011 (WBCS Rules 2011), Rule 124, before the Housing Society gets registered, the members should hold a meeting where the Chief Promoter, Chairman, Vice-Chairman and Treasurer from amongst the promoters should be elected. The proposed name of the Society should also be discussed and the agreement to be entered with the land owner needs to be considered. Further, under Rule 125 of the WBCS Rules 2011, the Chief Promoter of the Society needs to open a bank account to be operated jointly along with the Chairman or, in absence of any of them, the Vice-Chairman and the Treasurer together with the other available and submit such document alongwith updated statement of accounts (receipts and payments) to the Registrar alongwith the application for registration.

Under Rule 130 of Rules, 2011, allotment of plots or flats has to be decided according to the principles and policies adopted in the first general meeting of the Society.

Plots or flats can be allotted in a housing co-operative by draw of lots or by calling subscriptions in accordance with the bye-laws of the society.

You need to get the building plan sanctioned by the local authority and thereafter you can have members joining the society. There is no requirement to have all the members joining in the process of registration of the Housing Society. You just need 8 members. Once the Housing Society is formed it can buy the land and get the plan sanctioned. Thereafter you may float any scheme of lottery or advertisements to sell the flats.

For more information about Co-operative Housing Society information and advice check here

14 replies on “Managing Co-operative Housing Society and Allotment of Flats”

We are having some serious issues in our Cooperative at Newtown under construction .
Need to have legal expert for advice
Please revert

In my co op housing society among most of the plots, there are two brothers where after the sudden demise of principal member one of the brother who was a joint member in that society, became automatically a principal member.Now the important question arising that whether this principal member can sell the house with out permission of the another brother(non member) and can cheat him.can this nonmember claim for his share in that parental property at civil court in West Bengal against his brother, the principal member? Moreover it should be mentioned that previously at the society it was recorded as both the brothers were made 50/50 nominee in that property by their parent principal member.

what will be the procedure to handover the share in co-operative society before & after the construction as per WBCS ACTS AND RULES

I am the Secretary of a 80 member Cooperative Housing Society in Kolkata which had been registered in 1964. There are only 7 original members currently and till date there has been on legal problem since these heritable flats passed on to the nominee with full right, title and interest though in legal parlance a nominee is just the caretaker of the heirs. However in one instance a member has expired before making any nomination and is survived by a son and daughter who would like to Joint Members. However WBCS Acts and Rules does not allow a Brother and a Sister to be Joint Members. What is the solution.

Since WBCS does not allow brother and sister to be joint member. Both can be included as members with one being a nominal member. However, if brother and sister decide, they can also take money from society by selling the flat and then divide the money equally.

Hindu Succession Act which possibly over rides WBCS Act, allows the Brother and Sister to be Joint Owners with equal title, right and interest in the heritable property. Therefore the question of one being a regular member and the other a nominal member does not arise as rights of the two category of members are not equal. Again they do not want to sell off the property but to hold it equally.

What is the way out to settle the issue.

It is a heritable property but cannot be divided. It has to be decided by the Society with advice from the DRCS until the law becomes clearer. As of now, the siblings have to decide how they want to proceed and seek permission of the DRCS. The unit was never meant to be divided under the law and hence giving equal rights to both the brother and sister may lead to further complications in the future.

Please go to the definition of “Housing Co-operative Society” which clearly clarify the entire matter.If u failed to understand then contact. detailed elaborate discussion can be made

I request you to advise on the responsibility for repairing/bearing cost of repair in case of leakage from the upper flat bathroom.

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