Transfer of property in co-operarive society

Tanveer ul Qamar (Querist) 13 April 2023 This query is : Resolved
The owners ( 2 owners) of a flat in coperative society executed a Gift deed of their flat to me through their attorney by execting a limited power of attorney ( since the owners were living in US) without making Society a party in deed, and without taking consent of the society some 10 years back, however society did not granted membership and share certificate to me ,even after the written request by Donors and Donee, now one of the donor is dead and another is not in contact/ could not be traced, now what option i have in my hand?.
Society is not willing to grant membershipto me, i requested them to execute a deed of declartion, (registeted)declaring their no- objecion to the said gift deed, but still society does not move an inch, they are asking for the original owner to come which is not possible. Please let me know what option i have. Flat is in kolkata, west bengal. Thanks

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If you received a flat in a co-operative society via a gift deed executed through a power of attorney without the society's prior consent, and the original owners are now unavailable, you have legal avenues. You can issue a legal notice to the society demanding membership based on your registered gift deed. If this fails, consider filing a 'Declaration Suit' in civil court to establish your title and compel the society to grant membership. You may also need to involve authorities like RERA and the Registrar of Co-operative Housing Societies.

kavksatyanarayana (Expert) 13 April 2023
The death certificate of the deceased person, you give a notarized affidavit regarding the facts, and the whereabouts of the 2nd person is not known. You complain to the RERA and Registrar/Joint Registrar of Coop. Housing Societies of the district.

T. Kalaiselvan, Advocate (Expert) 14 April 2023
You first issue a legal notice to the society demanding the membership to the society on the basis of your title you obtained through the registered gift deed.
If your legal notice is not responded then you can approach civil court with a suit to declare your title on the basis of the registered gift deed and for a direction to the concerned society to register your name in the society as a member after obtaining the membership application form and the requisite fees for the purpose.
The society has to obey the court order or else they can be sued for contempt of court order.

Sri Vijayan.A (Expert) 14 April 2023
Initiate action for 'Declaration Suit'
I endorse the advise of Advocate Sri T.Kalaiselvan

P. Venu (Expert) 15 April 2023
Who is in possession/occupation of the flat? Why the gift deed - are you related to the donor or are there any circumstances for their 'love and affection' towards you?

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