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Shrikant   30 August 2018

Housing society plot ownership

Hello,
My query is regarding housing society Plot for following situation...

Brothers jointly purchased a plot in Mumbai Suburb construct two storied building for their families 1965. Later their sons formed Cooperative Housing Society and registered in 1982.

Society conveyance is not done so far, on property card sons name are recorded by mutation. My questions in this regard

1.In given situation who is the owner of Plot? Society or Brothers

2. Can any of them - brothers, sell his share in undivided plot to outsider bypassing society claim

3. Can person sell his share in undivided plot if his/her name is not on the property card

4. Can owner make deed/will for this land after Cooperative Housing Society is registered. Some experts says the movement Housing Society Registered it become deemd owner of the plot and owner cant bypass it


Will appreciate valuable and expert suggestions on this as I am totally confused

Thanks and Regards,

Shrikant


Learning

 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     30 August 2018

Please post your query again horizontal bar is not working for me.

G.L.N. Prasad (Retired employee.)     31 August 2018

The title has to be decided by the registered title deed like sale deed etc.  Contact a local advocate as any co sharer can transfer his share as he pleases depending on conditions if any other supporting documents like agreement, MOU etc.  All other steps are mere procedural formalities.

Kishor Mehta (CEO)     31 August 2018

Brothers have absolutely no claim over the plot. The plot belongs to the registered Society and should be immediately transferred to it. It is a criminal offence not to transfer the plot to Society after its registration.

Shrikant   31 August 2018

Dear Mr. Mehta, we are also saying same but one of brothers Lawyer says because share allotment is without consideration means there is no sale so society doens't hv any claim brothers bare abdulate owner of structure and plot..

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