Transfer of membership of Society

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Section 79 of the Delhi Co-operative Societies Act, 2003 has put in certain restrictions on transfer of membership or share or interest of member in a co-operative society

Subject to the provisions of this Act, in the case of a co-operative housing society, no transfer of membership or share or interest of a member or the occupancy right, except the transfer to his heir or a nominee, shall be effective, unless –

(a) the previous permission of the co-operative housing society has been obtained by the transferor by paying the transfer fee;

(b) the dues of the co-operative housing society are paid or transferred to the transferee with the consent of the co-operative housing society;

(c) the transferor vacates and gives possession of the premises to the transferee; and

(d) the transferee applies and acquires membership of the co-operative society :

Provided that the transfer of share or interest in respect of lease hold properties shall be governed by the terms of the lease.

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Transfer of membership of Society is essential requirement for the future person to live and enjoy all the benefits of membership of the society. If the membership is not transferred the person will not be able to even vote in the elections or stand as a candidate for the Managing Committee of the Society.

Transfer of Reserved Car Parking Space: Where ever there is a Reserved Car Parking space in a Society, it can also be transferred along with the flat or separately also.

Where ever Reserved Car Parking Space is to be transferred, original allotment letter issued by the Society to the allottee of the Reserved Car Parking space should be handed over to the purchaser along with agreement of sale made in favour of the purchaser. Please note that, immediately there after it is the duty of the purchaser to bring these documents in the notice of the Society to enable the Society to issue Transfer of Reserved Car Parking Space to the purchaser.

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7 Comments

  • Chaitali Chatterjee says:

    Helo,

    My father was the member of a Housing co-operative society at Kolkata. My father constructed a house over there and we stayed there for more than 20 years. I am the only daughter, got married and I am settled outside West Bengal. My father had been trying to sell the house for the past 2 years as his health was not okay due to age and he decided to move near me. For the past 2 years my father and I had been repeatedly requesting the society to proceed with the sale of our house and transfer of membership. He had also made an application to the society, and they did not take any action on it. I went to Kolkata a number of times, met them and requested them to carry out the formalities as our buyer was also ready for immediate purchase. The land is leased by the society to its members upon recognition of an amount which was more than 20 years back, however the houses were constructed individually by the members.

    My father expired in Dec 2013, my 69 year old mother is now all alone in the house and she wants to move to our place after selling the house. We have approached the society again for transfer of share as our buyer is eagerly waiting to purchase the property. We have made an application, however the society’s committee members are still not taking any action and they are unnecessarily delaying without giving any reason. Please let me know whom to approach for this and how do we resolve the problem,

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  • SUBODH SEN says:

    In case of our society in delhi which is under arbitration since the last more than 15 years, we purchased the flat from an original member through power of attorney with all the relevant papers signed by him BEFORE THE ALLOTMENT OF FLATS in 1999. Subsequently, draw of lots was conducted in 2000 whereby the original member(from whom we purchased the flat) was allotted a flat number which we have taken possession of since 2000 and had all the relevant papers in original with us. As we have stepped into the shoes of seller and had taken over all the liabilities and assets, are we not the legal owners having voting rights in society elections and take part in other society activities ??Thanks.

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  • V says:

    My builder has given shop on rent to hotel however there is no proper ventilation provided. Hence exhaust smell ,heat, and sound is there in the building from morning to night 11 pm.

    Where can we complain?

    Thanks

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  • Michelle says:

    Where can I check if an RWA is registered or not? Does the registration have to be renewed and after how many years?

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  • M S Bose says:

    Can I get a format of Indemenity bond to be executed by a purchaser applying for membership of the flat when there is no share certificate available.

    Thanks

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  • AK MATHUR says:

    I intend buying a flat in the Manokamna GHS at Sector 18-A Dwarka. However the flats are not yet allotted to the original GHS Members and therefore cannot be registered. I am being assured that this allotment will take place shortly.
    Would be grateful if the true picture and present status of this society could kindly be communicated.

    Thanks, and best regards

    akmathur

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  • V S says:

    Management Committee resigned and Society under Administrator for past 2 Years. New buyers during this period want to get share certificate transfer in their names. Kindly guide

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