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Rahul Phalle   27 August 2021

Shares transfer

Mother has gifted residential flat to her son in June 2021 by registered gift deed, and society has transferred share certificate to son's name in July 2021.

Questions:-
(1) Can Son sell the said flat immediately or he has to wait for a certain period ?

(2) If he sell the flat to another person, can society transfer his shares to new member after all paper work done ?
(Lest than 1 year from previous shares transfer)


Learning

 2 Replies

Dr J C Vashista (Advocate)     28 August 2021

Answer to both the questions is affirmative as the donee is absolute titleholder of the property gifted which can be transferred (by sale or other mode) to any one and the Society has no option but to admit the purchaser of subject property as member, if eligible.

Rahul Phalle   28 August 2021

I hope section 29 (2) (a) of the Maharashtra Co-operative Societies Act, 1960 would not bother for transfer of shares from donee to new member (Purchaser of property) if he purchase the said property in September 2021.


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