Site allotment to members / associate members under hous building coop act karnataka
Mani
(Querist) 24 December 2014
This query is : Resolved
Getting sites from House Building Coop Society – some clarifications needed
I understand that according to Karnataka HBCS rules and bye-laws if a person owns a site/house in his own name within the jurisdiction of the local authority under which the Society exists, he cannot be a member of the housing society. Your views or advice on this
1. The site or house that he owns may have been purchased from a third party from the market and not obtained from any government schemes at low cost such as from BDA allotment... Does this make the person still ineligible to apply for and allotted a society site as an associate member (AM)?
2. Does this rule apply if the AM proposes to purchase the site by the society at a price different from that of other members and at the government guidance value? If so, the argument that he is getting at a concession is invalid and hence his ineligibility also is invalid?
3. What is the jurisdiction of a local authority applicable in this case? Who is the local authority for the application of this clause?
4. What happens if the Society office is located in the jurisdiction where he has another house but the housing project / site is being developed in an area outside the society’s office jurisdiction? He may want to live in a new area in the society site!
5. He may own a small house purchased form the market, but may want to improve his standard of living and may want to invest in a HBCS site, to put up a more comfortable house? This rule prevents that?
6. What if I plan to make a bigger house in a newly acquired society site and sell off my old one? Does the law prevent such an act? If so, is this not retrogressive in that the govt. wants its citizens to never come out of their poor standard of living through this rule?
7. Is this not a game plan to promote housing by private apartments and site promoters by restricting supply through HBCS?
8. What action has been taken by Govt. on those who have procured a site despite he/she owning a house in the larger Bangalore metropolitan area?
9. What are the court cases on this matter to understand the logic of the rulings on this clause? How many cases have been there on this clause?
10. Many societies are promoted by employees of the government and they themselves flout the rules. Does this mean Govt. is indirectly supporting them?
11. Even many societies use nationalised bank funding for their projects? How can such banks be party to illegal acts?
12. Is this law not a violation of fundamental rights to own property?
13. Hasn’t this law been challenged?
14. Who is at fault? Society or the member?
15. Is there a problem in registering a site in the joint names of the mother (society member when son was minor) and the son, now a major, as the society has taken about 7-8 years from membership drive to development and allotment
Isaac Gabriel
(Expert) 25 December 2014
Let your query be specific and to the point.All are hypotheticalbased on presumptions and assumptions.
Devajyoti Barman
(Expert) 25 December 2014
vague query.......
Post in Forum section.
Dr J C Vashista
(Expert) 25 December 2014
Too long a story and not a query. Engage and consult a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
