Partition of open plot of housing society

Querist : Anonymous (Querist) 08 October 2024 This query is : Resolved
Can plot in co-operative housing society be partitioned by suit for partition by one of the members of joint family. Property situated in maharashtra.

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This discussion explores whether an individual member of a joint family can file a suit to partition an open plot owned by a co-operative housing society in Maharashtra. The consensus is that a partition suit can be filed, with the court making the final decision after hearing all shareholders. However, several legal complexities are highlighted, including the society's bye-laws and the Maharashtra Cooperative Societies Act, advising consultation with a local lawyer for specific guidance.

T. Kalaiselvan, Advocate (Expert) 08 October 2024
If a shareholder is interested in getting his share partitioned from the property with separate possession , he can file a suit for partition, the court will decide about it after hearing all the shareholders.

kavksatyanarayana (Expert) 08 October 2024
Who purchased the property i.e. flat? Is the owner of the flat alive?

Dr. J C Vashista (Expert) 09 October 2024
Cooperative Housing Soceities are allotted land for plotting or construction of flats on the plot .
How many members are there in the CHS and what is there qua the subject of partition of a plot in the Bye-Laws adopted by the CHS, Maharshtra Cooperative Societies Act and Rules ?
There are many legal issues involved in the query, it is better to consult a local prudent lawyer for proper analyses of facts and advise.

P. Venu (Expert) 18 October 2024
How came there is a plot owned by a joint family in a cooperative society? Please post complete facts.

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