Can society transfer same flat two time in one year
Querist :
Anonymous
(Querist) 28 September 2011
This query is : Resolved
Dear Experts,
How many transfer can do by the society in one year for the same flat or share certificate.
Can society transfer the same flat two time in one year, where one transfer is family transfer and other transfer is due to sale?
Also advice One year means April to March or January to December.
Please advice.
Shastri J.K.
(Expert) 28 September 2011
1- No limitation for transfer.
2- act of society depend on bylaws of society.
Guest
(Expert) 28 September 2011
Law does not prohibit a society on that count.
ajay sethi
(Expert) 28 September 2011
one year means from april to march .
when a member has purchased a flat said flat cannot be sold for period of 1 year
Section 29 of the Maharashtra Co-operative Societies Act refers to the restrictions of transfer or charge on share or interest. The member who intends to transfer his/her flat should hold share or interest for not less than one year
Guest
(Expert) 28 September 2011
Sethi ji,
With a view that there is some difference in nature of the question and that of replies, to enhance my knowledge, I hope you would like to clarify my doubt.
The question is about the authority of the society to transfer the shares/flat more than one occasion within a period of one year. On the other hand, Sec. 29(2) speaks about holding of share or his interest in the capital or property by the member.
So, in view of such a difference, if a member after holding the shares/flat for 10 years or so has applied for transfer to the society in April 2010 and has already transferred the physical possession of shares/flat to him, but the society due to its inaction affects the transfer of the flat to the name of the concerned family member in its books only in April 2011. But thereafter the said member intends to sell the said flat in Septemeber 2011, and applied for transfer to the society, and the society affects the trnsfer within the same month, would that be covered under Sec. 29 by taking as a fault of the member or the society, while the member has already held the shares/flat for about 16 months.
ajay sethi
(Expert) 28 September 2011
dhingraji
when a member purchases a flat in cooperative society he is required to make an application to society for transfer of share certificates in his name . if no decision is taken within period of 3 months then application for transfer is deemed to have been accepted
in the instance given by you flat would have been transferred 10 years back .
if flat transfer is approved in AGM in august 2011 in my view he cannot sell his falt for period of 1 year .
c
Raj Kumar Makkad
(Expert) 28 September 2011
I completely agree with detailed reply of Sethi ji.
Guest
(Expert) 28 September 2011
Sethi ji,
I am thankful to you for your clarification, which I agree.
But, my query was about first transfer case by the original member in April 2010 (not ten years back, as that was his holding period prior to transfer) and thereafter the transfer by the other member in September 2011. I feel there is some lacuna in the Act due to the requirement on the part of the member as a transferor, and the society, as a part of executor.
Although the transfer will be deemed to have been accepted by July 2010, but records of the society would also have to be updated with due intimation to the transferee, which in this case would only happen to be in April 2011. Hope I am clear in my query.
So, I wanted to know what would have been the position if we see the spirit of this query with particular reference to the original query of the querist.
Querist :
Anonymous
(Querist) 28 September 2011
Sethiji,
Thanks, I understood that, when a member has purchased a flat said flat cannot be sold for period of 1 year.
But, in case of internal FAMILY transfer where no sale has taken place.
Now the person whoes name society has transfered the flat is selling the said flat to some other purchasor where they were execute Agreement for Sale.
In such case can socity transfer the share within one year on the name of purchaser where One transfer is FAMILY Transfer & Other is by way of sale.
Please reply.
ajay sethi
(Expert) 28 September 2011
dhigraji
i have made my position clear . if records of society are not updated he has remedy . he can move registrar if society does not act . he would not hypothethically wait for 10 years .
anyhow flat cannot be transferred for period of 1 year .
Querist :
Anonymous
(Querist) 28 September 2011
Sethiji,
The question of beat different.... was ask by me and not Dhigraji...
Guest
(Expert) 28 September 2011
Dear Sethi ji,
Thanks for the clarification.
Now about supplementary question of the querist, the new member (may he be a family member) one year time limit would also apply for another transfer. I hope Sethi ji would also like to endorse my views.
prabhakar singh
(Expert) 29 September 2011
The meaningless discussion some time goes only because i have an experience say in civil law but after reading several replies of expert start supposing my self to be adept
in criminal law also and subsequently just with this base start arguing with Mr. Jethmalani.
It is not a necessity to answer every query,in addition,we must mutually honor others opinion,who because of one or other reason expected to know more than us,just because of the area of their practice,which i might have not even seen brief for that,may be i am white haired but practical knowledge of the younger being greater than my age,i must learn to respect that knowledge.
AT THIS OCCASION MY MIND RECAPS A SLOKA CITED BY HIS HOLINESS JAGAD GURU SWAMI SHRI BHARATIKRSNA TIRTHAJI MAHARAJA IN HIS BOOK ON VEDIC MATHEMATICS.........
" yuktiyuktam vacho graham baladapi shukadapi !
yuktiheenam vachastyajyam vridhadapi shukadapi!!"
That means..'whatever is consistent with right reasoning should be ACCEPTED,even though it comes from a boy or even from a parrot;
And whatever is inconsistent therewith ought to be REJECTED,although emanating from an old man or even from the great sage shree SHUKA himself.
Guest
(Expert) 29 September 2011
Respected Prabhakar ji,
I don't know whom you have addressed the last post. But, suppose, if you want clarification on some point addressed to me, should you not expect to get your point of doubt clarified to get your own point confirmed or to enhance your knowledge and should you prefer that your query be ignored?
Another thing, If Shri Jethamalani is expert in criminal law, do you feel that he would be perfect allrounder on criminal law, with no chance of his misinterpreting any point of law and if some civil law practitioner is able to interpret some particular point of criminal law in a better way, should he not discuss with Shri Jethmalani on that point?
I DON'T THINK THERE IS ANY HARM TO LISTEN OTHERS AND SHARE KNOWLEDGE OF EACH OTHER, WHICH EVEN YOU HAVE PROFESSED THROUGH THE SHLOKA RECITED IN YOUR POST.
I believe, due to its complexity, none can claim to be perfect in law.
prabhakar singh
(Expert) 29 September 2011
Dear Dhingra ji !
what ever i say is never a personal imputation to any one.
As regards to PERFECTION i can say only that ever since realization that we are human,we have a goal to strive for IT,that way we lead to better from good,best has never come,nor shall come ever only better after better would be the result of our strive.
