Rights, title and interest of allottee in registered co-op. housing society
Manoj
(Querist) 28 April 2012
This query is : Resolved
"A" is a member of registered co-operative society. "A" has been alloted a flat in society vide allotment letter, and society has issued share certificate and also given possession vide possession lettter.
Now my query is
1) Whether "A" gets only right to use the property in society.
2) Does "A" get full ownership right in respect of property.
3)Can he transfer the said unit to others.
4)Does he get full ownership rights, title and interest in flat that is allotted.
Nadeem Qureshi
(Expert) 28 April 2012
Dear Manoj
Your all questions are based on the bye-laws of the co-operative Society
Suhail A.Siddiqui
(Expert) 28 April 2012
Final advise can be furnish After considering Bye laws of the society, Apparently society can make look laws for the smooth administration of the society . U have all type of rights since u had paid full and final payment, no dues stand against your flat.After paying Cost of the property every one become owner of the property and may enjoy fruits as owner
ajay sethi
(Expert) 28 April 2012
how did A purchase the flat? how is it that no agreement for sale has been entered into with builder? please clarify . ?
prabhakar singh
(Expert) 28 April 2012
iS ThErE nO sAlE dEEd IN YoUr fAvOr?????????
Manoj
(Querist) 29 April 2012
Good Morning to all experts. I had mentioned in my query that "A" became owner on the basis of 1) Allotment i.e. 12/3/1994 2) Share Certificate i.e. 15/9/1995 3) Possession i.e.1996. In Gujarat prior to 1-9-2001, in society case only the above mentioned three documents were the only title documents given by society to the members. As per notification from revenue department gujarat since 01-09-2001 society has to execute allotment deed in favour of members paying proper stampduty on such deed and registration charges. Now my /query is
1) W/hether "A" gets only right to use the property in society.
2) Does "A" get full ownership right in respect of property.
3)Can he transfer the said unit to others.
4)Does he get full ownership rights, title and interest in flat that is allotted.
ajay sethi
(Expert) 29 April 2012
yes A gets right to use the property .
we are not aware as to the procdure in gujrat . if you are saying in gujrat only allotment letters were issued and posession given and share cetificate issued then you have right to transfer the property . he has right , title interest in flat and is free to transfer the same .
however as matter of abundant caution do obtain legal opinion of lawyer practsiing in gujrat
K.K.Ganguly
(Expert) 01 May 2012
A is the member of the Society who has been allotted with a share certificate of the Society. The Society is the owner of the buildings consisting of all the flats. Now, the Society has allotted one flat to A. This type of arrangement is made to minimise stamp duty. so, A is the share holder of the society who is the owner of all the flats. A being the allotee of the flat has the right to use it.
He can only transfer the right what he has to the buyers. He has to sell his share certificate to other who in turn will have the right to use the flat.Most of the Societies charge donations to allow such transfers if such transfers are not freely allowed by its bye laws.
Manoj
(Querist) 02 May 2012
Thanks to all experts
Shonee Kapoor
(Expert) 04 May 2012
never mention.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 04 May 2012
He gets all rights of members of Society, that include possession, sale LL , and all that is in soc act & bye-laws.
