Sen (Business) 21 March 2014

Two properties in a coop society

Hello friends...

My wife is a single child. She owns a flat in her name in a society in Navi Mumbai. Her father also owns a flat in the same society. She's the nominee of her father's flat. Her father died recently. Her mother died 6 years back. So, by default, it goes to her name.

The society bearers are telling that she cannot have two flats in her name in the coop society.

If it's true, please suggest options.

Best regards,

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3 Replies

mr. snehal (advocate) 21 March 2014

Its true and only recourse to that either hold the first flat in her name before marriage and Second in her name after marriage or get transferred one of the flat in your adult child, as husband wife and minor child is 1 unit as per society bye law

Sen (Business) 21 March 2014

Thanks Mr. Snehal, for your response.

However, I've read somewhere that if one of the flats is inherited (like in my wife's case), then it's allowed.

Any idea?

Suneet Gupta (www.vashiadvocates.com) 22 March 2014

As per my understanding, she will not have 02 votes in the General Body Meeting, and will be able to cast only 01 vote in all such meetings. However, there is no general bar to hold two or more dwelling units in a Co-op society, unless the Land Ceiling Laws are not violated.

There can be a specific condition in the bye-laws of your particular society. In this case also, the Society will have to accept double ownership due to inheritance.