proposed society
sakshi
(Querist) 16 April 2015
This query is : Resolved
We 12 people formed a society in the name of siyaram co op hsg society.
Then we purchased a plot of 35 gunthe.
We form this society in the year 1996. We cant registered it with co op dept.because this plot has a govt.reservation, so it is still a proposed society.
We have a registered sale deed of this 35 gunthe plot in the name of society only and not in the name of chief promoter.
Chief promoter is dead 10 years back. And now his legal heirs are claiming this land saying that chief promoter is the owner of proposed society.
Please guide us.
Advocate Ravinder
(Expert) 17 April 2015
since the regd. sale deed is in the name of Coop Society, it is the property of Society only.
Rajendra K Goyal
(Expert) 17 April 2015
The land belong to society and would be dealt in accordance of the bye laws. Get the society registered.
sakshi
(Querist) 17 April 2015
It will not registered due to EWS Reservation.
So we society members want to sale the plot through proposed society.
Can we do this.
sakshi
(Querist) 17 April 2015
And sale deed wording is as below.
First party is seller ( mr xyz ) and second party is purchaser (Society name, through its chief promoter ABC)
now ABC is claiming that I m the owner of this plot.and I have the right to sale this plot.
Are they right or is this valid.
Dr J C Vashista
(Expert) 18 April 2015
@Sakshi,
Prima facie your query is hypothetical, imaginary, academic and unbelievable.
The proposed Coop. Housing Society has no legal sanctity till it is registered, consequently any action taken in the name of so and so CHS is non-est and/or any property acquired in the name of CHS is void ab-initio, illegal and invalid.
Contact, engage and consult a local lawyer for proper analyzing, evaluating and opinion/advise, guidance and proceedings before concluding any proposed "Sale transaction" of the land.
T. Kalaiselvan, Advocate
(Expert) 25 April 2015
The society is not a registered body but the Chief promoter purchased the land by registered sale deed, therefore the landed property will be that of the chief promoter because he is the society due to its nature. Consult a local lawyer with all relevant papers and take his opinion.
