Co-operative housing society act

Querist : Anonymous (Querist) 27 November 2011 This query is : Resolved
Is there any law under which any Co-operative housing Society can ban the owner from selling his flat to the person from any special caste(eg. muslim)? if such a decision is already been taken by the members of the society in the society meeting, what are the remedies available to the owner to sell his flat to that person belonging to the special caste (eg. muslim) ?

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V R SHROFF (Expert) 27 November 2011
u don't need permission of co-op society to sell the flat to anyone.
Any
Society cannot ban the owner from selling his flat on caste basis. it is ruling.
Directly sell flat to whomever u want, register it, give him possession, issue transfer set to society, if they resist or does not transfer, get order from Registrar.
who will pass order to trf the flat

DEFENSE ADVOCATE.-firmaction@g (Expert) 27 November 2011
Society works on strength of members so if members are against nothing will help and without no objection certificate from society no registration is possible.

Raj Kumar Makkad (Expert) 27 November 2011
Shroff! You might be having knowledge that registration of society flat cannot be made without obtaining NOC of society. If NOC is not produced registrar is not going to register its transfer either of the ways.

If society has passed a resolution, you can make complaint before assistant registrar in writing and his decision shall be final. No discrimination can be made as shown in resolution. Such resolution is against the secular fabric of country.

Rajeev Kumar (Expert) 27 November 2011
Agree with experts except shroff

Sailesh Kumar Shah (Expert) 02 December 2011
Yes, make complain such types of resolution before assistant registrar as suggested by Mr.Makkad.

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