Can 7 members own a office premises in a co-op.society

majeti (Querist) 02 March 2015 This query is : Resolved
sir(s),

There is a case, where the head of the family expired without any will and there are 7 members in the family spread over india and abroad.

Now can all members together sell this property collectively and take an equal share.
The current society is not allowing to have all the members as combined owners of this premises and insists that it be transferred to a single member and then sell the same.
This will involve double transcations and double transfer fee etc..

Please guide

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Guest (Expert) 02 March 2015
Prepare a settlement deed in favour of one member by realising the prorata share of the value of the house as per the mutually agreed price or get a succession certificate from a court of law to get the property transferred in a single name.

Kappil Cchandna (Expert) 03 March 2015
Dear,

Was the property self acquired and second thing is what is the position of the seven members as in who is who in the family .....

Kapil Chandna Adv 9899011450

Hemant Agarwal (Expert) 03 March 2015
1. FIRSTLY, Lawfully, there is NO restriction in the number of persons who may own any immovable property (Flat) in India.

2. SECONDLY, a Society has no jurisdiction to refuse the Seven surviving legal heirs, into becoming their members, subject to proper "Membership Entrance Fees" and proper documentations. The Society Mg.Committee would be committing an Criminal offence, IF they refuse transfer of membership to the Seven Legal Heirs.

Keep Smiling .... Hemant Agarwal
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malipeddi jaggarao (Expert) 03 March 2015
There should not be any objection by the society if all the seven members together wish to sell the flat. They are giving wrong direction. However, for operational convenience Specific Power of Attorney can be given one person for completing the transaction.

Rajendra K Goyal (Expert) 04 March 2015
All other members can give special POA in the name of one person to sell it.

Registered family settlement deed is another way in which all the heirs have to be present at Registrar Office.

Also can move to have succession certificate.

Devajyoti Barman (Expert) 06 March 2015
agree with experts.

T. Kalaiselvan, Advocate (Expert) 06 March 2015
The society cannot impose such restrictions, if they are doing so, ask them to give it in writing. A jointly owned property can very well be sold jointly, society has got no business to thrust its whimsical desires on the members. You can issue a legal notice asking the society to abide by your demands in this regard.