Property bough from co-operative society
BAIJU KUMAR ROY
(Querist) 17 September 2015
This query is : Resolved
A Co-Operative Society registered under West Bengal Co-Operative Society Act, has sell the plots of land through the lottery among its members. A member has bought a plot of land this way. He has mutated the same in his name in the local municipal corporation books.He has got sanctioned a building plan through the same municipal corporation.
My question is (1)can this person sell the flats constructed there at that plot of land to the multiple peoples.
(2) will that sell be legal
(3) can the flat purchasers will mutate the flats in their name with local municipal corporation
Please suggest.
Adv.Maheshrao Jadhav
(Expert) 17 September 2015
HELLO Baiju K Roy
answer is NO to all your questions !!!
if unless by-laws of that perticular coop society permits to do so !!!
Plesae go through by-laws ,rules.act,applicable to said socity ....
Rajendra K Goyal
(Expert) 18 September 2015
Bye laws, documents need to be referred in context to the state law, consult local lawyer.
Kumar Doab
(Expert) 18 September 2015
Show the applicable rules,bye laws to a local lawyer.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 22 September 2015
1) yes if it is transferred in yr name.with conveyance
2) yes if sell deed covenant peemit to do so
3)yes, answes above1) n 2) are in affirmative
BAIJU KUMAR ROY
(Querist) 09 September 2016
By-laws of that particular coop society permits to do. Lots of people has all ready bought these flats but they are not been able to get ownership mutation as the local municipal corporation is denying them on certain legal ground. I would like to know that as per current law in West Bengal, can flats construction & selling on a member's plot of land in a Housing Co-Operative Society, which is registered under the West Bengal Co-Operative Society Act 1940.
Kumar Doab
(Expert) 09 September 2016
You have posted that:
"but they are not been able to get ownership mutation as the local municipal corporation is denying them on certain legal ground. "
If you are not comfortable with sharing such grounds prefer to consult a very able counsel well versed with local laws.
LCI Expert Mr. Devajyoti Barman is from West Bengal.
You can benefit from his counsel.
