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BM (XYA)     15 August 2013

Transfer of house in co-operative societies

I am staying in a Co-Operative Housing Society. The property in which I stay has been transferred to my name through a WILL as I am the legal heir and after executing all the documents I have submitted it to my society. But the committee members are not transferring the shares to my name. Its been more than 2 years I have submitted the papers to the society. Please suggest me what can be done. I am regular in paying the maintenance charges. Some of the repairing charges incurred years back are still pending but even the members agreed it of waiving it off as the charges were wrongfully charged. Can the society restrict the transfer on the basis of pending repairing charges ? As none of the members have come up with any reason for restricting the transfer. Please suggest me, as now its too late for me, I need to take a legal action.



Learning

 3 Replies

Advocate Rohit (Advocate)     15 August 2013

did the society communicate any reason for not transfering the membership in your name????

 

As per Clause 39 (c) of the Bye Laws of Co-op. Hsg. soc. "If the decision of the Committee/General Body meeting as the case may be, on the application for transfer of Shares and/or interest in the capital/ property of the society is not communicated to the applicant within 3 months of its receipt, the transfer application shall be deemed to have been accepted and the transferee shall be deemed to have been admitted as a member of the society as provided under Section 22(2) of the Act."

 

You may call on the below number for legal assistance.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

1 Like

BM (XYA)     15 August 2013

The society has not made any communication. Rohitji, Thanks a lot. Lets see how further the matter goes, I may require your help il contact you. Thanks lot again for guidance in advance.

BM (XYA)     15 August 2013

The society has not made any communication. Rohitji, Thanks a lot. Lets see how further the matter goes, I may require your help il contact you. Thanks lot again for guidance in advance.


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