transfer of land and building
samiksha gupta
(Querist) 26 March 2010
This query is : Resolved
sir,
our is a registered society running different colleges. the land is in the name of the society.
whether the building and the land can be transferred in the name of the college? although the college is being run by the society.
thank you.
Parveen Kr. Aggarwal
(Expert) 26 March 2010
A property can be held in the name of some entity recognised by law. Law recognises either natural persons as legal entities or artificial persons who are deemed as legal entities by virtue of provisions contained any legal provision. A society being registered is an incorporated body has a status of legal entity. A college which is not incorporated under any law is not a legal entity. A college cannot hold property in its name. It is only the registered society who can own and hold property. So, building and land cannot be transferred in the name of college.
Kumar Thadhani
(Expert) 28 March 2010
THERE IS NO BAR OR RESTRICTION FOR PURCHASE OF LAND AND BUILDING IN THE NAME OF COLLEGE SO FAR ITIS A LEGAL ENTITY.
samiksha gupta
(Querist) 28 March 2010
so that means the property of the society can be transferred in the name of the college?
Parveen Kr. Aggarwal
(Expert) 28 March 2010
No. College not being a separate legal entity cannot hold property in its name.