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Auro Roy   26 August 2023

Housing society membership for oci

I am the nominee of Co-operative Housing Society shares in the state of West Bengal and the legal heir of my house after the expiry of my parents.

Based on this, can I apply for Housing Society membership if I have UK citizenship and Overseas Citizenship of India (OCI) card  ?



Learning

 4 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 August 2023

What exactly is your question

(1) As nominee/legal heir whether you are entitled to the property on the death of the present owner? or

(2) as a citizen of a foreign country you are entitled to own a flat in a Co-operative Society?

Auro Roy   27 August 2023

As a nominee and only legal heir I am entitled to the property. There is no dispute here.

However without being a member of the Society I cannot own the shares which are linked to the property and  the share Certificate will not be issued in my name.

So the question is that can the Co-operative Society refuse my membership because I am a foreign citizen even though I have OCI status

T. Kalaiselvan, Advocate (Advocate)     28 August 2023

First of all, even though you are a nominee, you may get the property transferred to your name by submitting an applicaiton along with the death certificate and the legal heirship certificate to the concerned revenue department.

After that along wiht the said copies and the revenue records copy, and on the basis of nominee, you submit an applicaiton to the society to transfer the share certificate to your name and can comply with any other formalities that is required to be adhered to.

The society cannot refuse to transfer of share certificate to your name if all other things are okay and the nationality or citizenship is not a bar to not to permit you you to become a member of the society

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 August 2023

What advocate Kalaiselvan says is right. You can be admitted as member even if you are a foreign citizen.


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