Transfer of the name of owner of a leased land by co-operative society in west bengal
Aparajita Chakraborty
(Querist) 17 December 2013
This query is : Resolved
My father has a house in Oxygen plant co-operative within SAIL Co-operative housing society in City Center , Durgapur West Bengal.
My father wanted to sell his house and had approached Oxygen Plant co-operative society in March 2012 to facilitate the sell of his house based on Agreement of SALE between my father and the purchaser . Over last one and half year the society refused to provide the purchaser No Objection Certificate to purchase which is a pre-requisite to avail Bank loan.
In Sept'13 My father and the purchaser signed an Agreement of cancellation .
Recently we found out Oxygen Plant Co-operative has transferred the name of the land on which my father has his house to the purchaser's name without making any payment to my father. Is this legal ?
ajay sethi
(Expert) 17 December 2013
if yuor father has not received sale dues how can property be transferred in name of purchaser . in addition agreement has already been cancelled in september 2013 . issue notice to society to revoke land transfer in name of purchaser . enclose copy of cancellation deed
Aparajita Chakraborty
(Querist) 17 December 2013
Hello , Notice has been submitted to the co-operative society . They have not responded yet.
Ths land is sub leased from DSP (Durgapur Steel plant) . It was allotted to my father when he was an employee .
We contacted Head of DSP administration office and received a strange reply that once the name of the land is transferred it cannot be reverted back .what options do we have
ajay sethi
(Expert) 17 December 2013
ask purchaser to pay consideration for sale of land . enter into fresh agreement with purchaser
in alternative move court to direct society to cancel transfer in favour of purchaser as agreement cancelled . contact a local lawyer
ajay sethi
(Expert) 17 December 2013
thanks for your appreciation
Aparajita Chakraborty
(Querist) 17 December 2013
I have a worry . Entering into a fresh agreement will compromise my father's position as i am assuming teh whole thing is orchestrated by the purchaser along with Society executive committee memebers. i am hoping for the best . Thank you once again
Devajyoti Barman
(Expert) 19 December 2013
The mere transfer of name in favour of the purchaser by society has absolutely no values especially when the agreement is cancelled and no money is exchanged.
You better ask the society to cancel the name transfer and take this opportunity to approach new buyer for a higher price.
Aparajita Chakraborty
(Querist) 19 December 2013
The land is subleased from DSP (Durgapur Steel Plant) to co-operative society. Co-operative society has transferred the name of the leased plot where my father has his house in DSP records even when the transaction has not taken place without intimating my father . DSP is refusing to revert back the name siting there is no need of a house as according to west bengal co-operative clause in chapter VIII, section 87(e).
