Transfer in a housing co-operative
Sumit
(Querist) 02 April 2015
This query is : Open
Dear Sir,
My father being member of a housing co-op socy under the West Bengal Co-operative Socy Act had obtained a sub-lease on a plot of land via a deed of conveyance in the year 1978, the sub-lease was for a period of 99 years.
In 2003, my father wanted to sell his house and applied for permission for transfer of lease-hold rights and membership to his tenant.
Socy took my fathers letter as resignation(even though he never used that word) and took resolution to transfer his sub-lease plot with constructed house in favour of tenant.
Socy got permission from registrar and gave membership to our tenant. My father had entered into an agreement for sale to his tenant, however the property was never sold and the transfer also could not be completed. The tenant never paid money to buy the property. The tenant is in possession of the property.
Now, Father died in 2009 and present situation is that we have inherited the property and the co-op claims that our tenant is the member.
It is a strange situation.
My question is:- Can a Co-operative Housing Socy. in West Bengal transfer the Sub-lease to our tenant when the sub-lease has already been conveyed to my late father for 99 years(as per earlier deed)? Particularly when the property has not been sold yet and the original member has not transferred his property.
Regards
Sumit Basu
