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Legal Article Real Estate Help

How to Transfer Land, House or Apartment in West Bengal Co-Operative Housing Society and Take Action if Society Denies Transfer

Steps to Transfer To transfer house, land or apartment in Co operative society in West Bengal you need permission of the Society as provided under Rule 131 (3) of the WBCS Rules 2011 r/w Section 92 of the WBCS Act 2006. However, if the Society is asking for donation amount more than 0.5% (prescribed under […]

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Management of Funds, Cost, Profit, Accounts of a Co-operative Housing Society in West Bengal

Under Rule 148 of the WBCS Rules, 2011, apportionment of cost of land, house or apartment in Housing Co-operative Society is to be decided by: “(1) The cost of any land (including its development cost) or the cost of any house or apartment on such land built by a housing co-operative society shall be apportioned […]

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Sale of Debutter Property/Deity Property and Role of Shebait/Manager

Hindus have been known to dedicate property for religious and charitable purposes since the Vedic ages. Dedication of property has been mainly under two heads: Ishta and Pushta, which have been considered as means for going to heaven. The former indicates the Vedic sacrifices and rites and gifts associated with such sacrifices while the latter […]

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In Mutation Application Corporation Cannot Question Title Existence

It has been held time and again that in mutation application, the municipal corporation or concerned authority should not go into the question of whether valid title exists for the applicant. Mutation of property does not prove ownership or title to the property but it only showcases that the State is collecting revenue for the […]

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Co-operative Housing Society West Bengal and NRI Membership

A Co-operative Housing Society is formed under the West Bengal Co-operative Society Act, 2006 (previously the West Bengal Co-operative Society Act, 1983). The Act extends to the whole of West Bengal and came into force on 18th January, 2011 vide Notification No. 177 – Coop/H/2R – 1/2006. Under Section 157(1) of WBCS Act, 2006, the […]

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Can a Trust, Company or Firm own Co-operative Housing Property in West Bengal

Transfer of property defined under Section 5 of the Transfer of Property Act, 1882 as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and “to transfer property” is to perform such act. […]

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How to Sell Land and become Member of a Co-operative Housing Society in West Bengal

To register a co-operative housing society in West Bengal, you need at least 8 members. If one member has the land in his name he cannot start the society without the requisite number of members. However, under Rule 131(6) of the West Bengal Co-operative Society Rules, 2011 (WBCS Rules 2011), a person conveying a plot […]

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How to Lease Public Charitable Trust Property in West Bengal

The law of trusts in India has developed in its own specialized way but it has definitely created a lot of advantages as a very convenient instrument for running religious and charitable organisations. A trust provides the means by which specific benefits are carved out for different people who are interest in the same Trust […]

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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 […]

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Conversion of Doba or Tank or Water Body Land into Homestead Land or Commercial Land in West Bengal

To convert doba/tank or water body land into residential or commercial or homestead land, one has to apply to local municipality as well as the District Land Reform and Land Reform Officer (DLR/LRO) in the given format that is attached below. The cost for conversion is somewhere between Rs. 20 to Rs. 100 per decimal […]

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Save Capital Gains from selling Co-operative Housing Property

To understand Capital Gains from selling Co-operative Housing Society flat/plot in West Bengal it is important to understand the specific provisions of the Income Tax Act as provided under: a) Section 54: In case the asset transferred is a long term capital asset being a residential house, and if out of the capital gains, a […]

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Disputes and Differences in Co-operative Housing Society

If disputes arise in a co-operative housing society located at Kalyani, Krishnanagar, Nadia, Salt Lake, or any part of West Bengal then such disputes are to be referred to the Deputy Registrar or Assistant Registrar of Co-operative Societies in West Bengal. In accordance with Section 102 and Section 145 of the West Bengal Co-operative Societies […]

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Hypothecation and Mortgage Property in India

Hypothecation legally means providing something as collateral for any form of debt. However, although a collateral security is provided the debtor usually does not have to turn over physical custody of the collateral although the lender is “hypothetically” in control of the collateral. The Indian Contract Act does not define the term ‘hypothecation’, however, section […]

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Checklist For Buying Flat/House/Property India West Bengal

You must check the following before embarking upon buying any property, be it a house, land or an ownership flat or even a Co-operative society flat. The splurge of developers and builders in every nook and corner is of serious concern. So buyer beware… 1.Clear title of the land 2. Mutation of land in current […]

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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 […]

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Real Estate Regulation Scenario in India

The Indian housing industry is rapidly surging ahead as demand for property is a never-ending constant truth of life. This has inadvertently resulted in upswing of real estate companies of all sorts, big, small and mid-sized companies that are vying for attention of the buyers. However, in this pandemonium, the consumer has been the biggest […]

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Will and Testament Bequeathing / Vesting Property to Trust

I, ____________ widow of Late _______________________, aged about ____ years, Hindu Inhabitant of _____________, do hereby make this my last Will and Testament. I hereby revoke all wills or testamentary writings made by me heretobefore and declare this to be my last Will and Testament. I. I appoint my ________________________ (or their survivors or survivor) […]

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Land Reforms vis-a-vis Urban Land Ceiling Act and its Connotations in West Bengal

Land continues to be of growing importance in today’s age of technology and development and the essence of land is etched deep within the history of India. The concept of ownership of land was not prevalent in ancient India and from Vedic era till the establishment of Lord Ashoka “zamindars” were non-existent. Kings thereafter did […]

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Note on Section 14 of Delhi Rent Control Act

Safeguards to Tenant Under S. 14(1) (c) # Purpose for letting (i) residence, (ii) commercial, or (iii) any other purpose -> must be proved by landlord [I.D.Malik v Duli Chand 1968 RCJ 187] #Initial Purpose to run grocery shop, later running book-shop – > no ground for eviction [Rattan Lal v Asha Rani JT 1988 […]

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Deconstructing West Bengal Thika Tenancy

In 1949, the State of West Bengal enacted the Calcutta Thika Tenancy Act, 1949 with effect from 28th February, 1949 for better provisions relating to the law of landlord and tenant in respect of thika tenancies in Calcutta. Thika tenant means any person (including his Successors in interest) holding land under written/otherwise lease paying rental […]

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Tax Clarifications For Your Multiple House Property Investments

Tax Clarifications For Your Multiple House Property Investments