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Sudhir   05 June 2023

Is buying 2 freehold cghs flats legal

I own a freehold flat in cghs society in delhi. Can i or my wife buy another freehold cghs society flat in different society in delhi



 1 Replies

Dr. J C Vashista (Advocate )     05 June 2023

There is no restriction in purchase of any number of flat(s) in Delhi CGHS, however, membership can be availed in "one" CGHS only in terms of Rule 20 of Delhi Cooperative Soceities Rules, 2007 which reads as:

20. Disqualification of membership

(1). No person shall be eligible for admission as a member of a co-operative society if he:-

(a) has applied to be adjudicated an insolvent or is an undischarged insolvent; or

(b) has been sentenced for any offence other than an offence of a political character or an offence not involving moral turpitude and dishonesty and a period of five years has not elapsed from the date of expiry of the sentence, or 16

(c) In the case of membership of a co-operative housing society,

(i) owns a residential house or a plot of land for construction of residential house in any of the approved or un-approved colonies or other localities in the National Capital Territory of Delhi, in his own name or in the name of his spouse or any of dependent children, on lease hold or free-hold basis or on power of attorney or on agreement for sale:

Provided that above clause shall not be applicable,

         (a) in case of co-sharers of property whose share is less than 66.72 sq. metres of land; or if the         residential property devolves on him by way of inheritance;

         (b) in case of a person who has acquired property on power of attorney or through agreement for sale and on conversion of the property from leasehold to freehold on execution of conveyance deed for it, if such person applies for the transfer of membership of the housing society concerned;

(ii) deals in purchase or sale of immovable properties either as principal or as agent in the National Capital Territory of Delhi; or

(iii) his spouse or any of his dependent children is a member of any other cooperative housing society.

(2). Notwithstanding anything contained in the rules or the bye-laws of the co- operative society, if a person becomes, or has already become a member, subject to any disqualification specified in sub-rule (1), he shall cease to be a member from the date when the disqualifications were incurred. However, before disqualifying a member, the Registrar shall give an opportunity of personal hearing to the concerned member and the society.

(3). A person who ceases to be a member of a co-operative society under sub-rule (2), shall not be entitled to exercise rights of memberships or incur liability as member with effect from the date of order passed by the Registrar referred to in sub-rule (2) but as from the date he becomes a creditor of the co-operative society in respect of the amount due to him on account of paid up share capital, deposit, cost of land deposited or any other amount paid by him to the co-operative society as its member. As from the date of his ceasing to be a member of the society under sub-rule (2), the amount standing to his credit shall be paid to him by the co-operative society within three months and if the co-operative society is already under liquidation, the amount due to him will be credited as a debt due to a third party from the co-operative society.

(4). If any question as to whether a member has incurred any of the disqualification referred to in sub-rule (1) arises, it shall be referred to the Registrar for decision.

The decision of the Registrar in this behalf shall be final and binding on all concerned.

The Registrar shall not delegate this power to any other person appointed to assist the Registrar.

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