How can you trans­fer your co-op hous­ing mem­ber­ship?

Any­one buy­ing from a hous­ing so­ci­ety mem­ber has to ap­ply for trans­fer of mem­ber­ship by pay­ing trans­fer fee, ad­mis­sion fee, share money etc

HT Estates - - HTESTATES - Su­nil Tyagi

So­ci­eties are formed and regis­tered to pro­mote eco­nomic, so­cial and cul­tural in­ter­ests of its mem­bers. A so­ci­ety formed in Delhi with an ob­jec­tive to pro­vide its mem­bers open plots un­der plot hous­ing, dwelling units or flats ( whether in a multi- storeyed build­ing or oth­er­wise) in a com­plex un­der group hous­ing is re­ferred to as a group hous­ing so­ci­ety. Co-oper­a­tive hous­ing so­ci­eties (‘hous­ing so­ci­ety’) in Delhi are gov­erned by the Delhi Co-oper­a­tive So­ci­eties Act, 2003 (Act) and rules made therein.

Upon al­lot­ment and han­dover of pos­ses­sion of land by the gov­ern­ment au­thor­ity to the hous­ing so­ci­ety, its man­age­ment com­mit­tee en­ters into ar­range­ments with ar­chi­tects, builders etc, for de­vel­op­ment of the project on the plot in ac­cor­dance with the terms and con­di­tions of al­lot­ment.

After com­ple­tion of con­struc­tion/ de­vel­op­ment, the apart­ment/ dwelling unit/ plot of land is al­lot­ted to the mem­bers of the hous­ing so­ci­ety. Mem­bers are there­after re­quired to make pay­ments the apart­ment/unit/ plot and other dues/ charges as levied by the man­age­ment com­mit­tee. By virtue of their al­lot­ment, the mem­bers be­come own­ers of im­move­able prop­erty al­lot­ted to them.

One of the im­por­tant ques­tions that arise is how does trans­fer of mem­ber­ship in a hous­ing so­ci­ety take place? The an­swer to this ques­tion is em­bod­ied in Sec­tion 91 of the Act, which ex­plic­itly states that a mem­ber of a hous­ing so­ci­ety who has sold his plot or apart­ment shall cease to be mem­ber of the so­ci­ety from the date of sale of plot or flat to any per­son. How­ever, cer­tain con­di­tions are re­quired to be ful­filled for trans­fer of mem­ber­ship.

First, the in­stru­ment of sale/ con­veyance/trans­fer must be regis­tered. Sec­ond, the buyer has to ap­ply for trans­fer of mem­ber­ship by pay­ing trans­fer fee, ad­mis­sion fee, share money etc as per the by- laws of the hous­ing so­ci­ety. Once the ap­pli­ca­tion for trans­fer of mem­ber­ship i s f i l ed by the buyer, man­age­ment com­mit­tee of the hous­ing so­ci­ety shall de­cide such ap­pli­ca­tion within 30 days of the re­ceipt of ap­pli­ca­tion. How­ever, if the man­age­ment com­mit­tee re­fuses to grant mem­ber­ship, the ag­grieved per­son may file an ap­peal be­fore des­ig­nated regis­trar of hous­ing so­ci­ety and the decision of the regis­trar in this re­gard shall be fi­nal.

The other im­por­tant ques­tion is, what hap­pens to the share of a mem­ber in the event of his death and how does trans­fer of prop­erty take place? In such a case Sec­tion 28 of the Act comes into op­er­a­tion which pro­vides that on the death of a mem­ber, a so­ci­ety shall trans­fer the share or in­ter­est of the de­ceased mem­ber to the per­son nom­i­nated by him, from amongst his blood rel­a­tives and only in case where no per­son is nom­i­nated by a de­ceased mem­ber the share of such mem­ber shall de­volve upon the heir or le­gal rep­re­sen­ta­tive of the de­ceased mem­ber. The same has been up­held by the High Court of Delhi in the year 2008 in the case of Mayur­d­hwaj CGHS Ltd. Vs Regis­trar, Co­op­er­a­tive So­ci­eties and oth­ers.

A mem­ber can also nom­i­nate more than one per­son and he/she shall as far as prac­ti­ca­ble spec­ify the share to be trans­ferred to each nom­i­nee. Such other per­son nom­i­nated may only be his fa­ther, mother, brother, sis­ter, son, daugh­ter or spouse. Fur­ther, a mem­ber may, at any time, can­cel or change his nom­i­na­tion.

How­ever, it is im­por­tant to note, that per­sons so nomi- nated or le­gal heir/le­gal rep­re­sen­ta­tives of de­ceased per­son be­comes en­ti­tled to such shares/ in­ter­est only if they are qual­i­fied to be­come mem­bers and qual­i­fi­ca­tion of mem­ber­ship de­pends on pro­vi­sions of the Act, rules and bye-laws framed by the Hous­ing So­ci­ety.

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