Transfer of share and interest in cghs

Swaty Gupta (Querist) 19 January 2023 This query is : Resolved
Dear Experts,
An original member of a CGHS wants to sell his share and interest in a society. He is yet to be allotted a flat. The rest of the flats were allotted many years earlier. 2 of them were delayed due to a membership dispute. The dispute is resolved now and this person's membership is upheld and accepted by the society.
Now this member will be allotted any one flat out of the 2. I am interested in buying it. The property is leasehold.
My husband is already member of society. I do not own any property in my name.
Am I eligible to buy the share and interest and then get the flat allotted in my name after paying all the dues and other formalities.
Kindly note that the draw for the 2 flats is yet to take place. Plz guide

Sunita

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An original member of a CGHS society, who is yet to be allotted a flat but whose membership has been confirmed after a dispute, wishes to sell their share and interest. The interested buyer, whose husband is already a member, wants to know if they are eligible to purchase this share and subsequently have a flat allotted in their name. The property is leasehold, and the draw for the two delayed flats is pending.

kavksatyanarayana (Expert) 19 January 2023
In case you have purchased a leasehold property, then you have the right to live in a property for a stipulated period of time. Here the buyer is not the owner of the property or the land it is situated upon. In the case of a leasehold property, you will have to pay ground rent to the owner or the leaseholder. And the draw is not taken place and who knows to win.

P. Venu (Expert) 30 January 2023
The query appears to be misconceived. Admittedly, the member is a mere member of the Society with no rights or interests in the property of the apartments/flats.

Any meaningful suggestion requires that specific information as to the composition and objective of the Society be provided. It is also not clear as what is held in leasehold - is it the land on which the apartments have been constructed or the apartment themselves?

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