VINAY JAYANT DATAR (SINGER- INDIAN CLASSICAL MUSIC) 23 November 2011
Dear Sir,
If an original member of a co-opertaive housing society makes a gift deed of the flat owned by him in the name of his son what would be the status of the original member’s membership as per the bye-laws and the Maharashtra Co-operative Societies Act, 1960 if the gift deed is accepted by the son during the lifetime of his father? Can society or original member’s wife challenge the gift deed?
Regards,
Vinay J. Datar
Adv. Amar Dalvi (Lawyer & Legal Consultant (9920203682)) 23 November 2011
if subject gift deed is made for fully self earned property and subject property is not subject to any legal proceedings including litigation for maintainance for wife etc., such gift deed made with free consent with proper legal procedure like registration etc. is a valid document for transfer of property and wife can not take any objections for it, society is bound to trasfer membership in lieu of such gift deed provided all legal formalities are completed subject to society is not bound with any other reasons like mortage of subject property & issuance of noc by the society for the same etc. and in case of gift deed by which whole i.e. 100% property is transfered father will cease to become member of society once all legal formalities for transfer are completed
above reply is given considering general interpretation of your query for more specific solution kindly refer qualified legal professional with subject documents
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