Asif Solanki
Asked September 27, 2016

Purchase of property in cooperative housing society

  • 1 Answer
  • 198 Views

Hii respected sir M going to buy property in Gujarat ,Surat Its co -op -housing soc How can I be a absolute owner of property in CHS ? Someone says soc is the owner of the land area n they just transfer it to member Before party has sale deed n share certificate under soc law .there is no due of soc by their name My questions are (1) Can I become absolute owner of property by making soc chairman as saler or confirming party in my sale deed n taking all rights of property? (2) after becoming absolute owner it is necessary to become member of soc n taking share certificate? (3) can I make that type of sale deed n become absolute owner of property?

Answer 1

Default avatar
Saurabh Kumar

According to Section 22 and 24 of the Gujrat Co-operative Societies Act, 1961, you will have to send an application to the Secretary of the Housing Society to claim membership in the society and become owner of a flat constituted in the society.

 Thus, sequentially answering your questions-

 

Question 1- Yes, you can following a simple sale deed as stated in the Property Act, 1870 and Gujrat Co-operative Societies Act, 1961.

 

Question 2- Yes, without the said certificate, you will not be considered as a member of the society and gain absolute ownership of the flat.

 

Question 3- Yes, you can, but only after filing an affidavit at the Registrar of Co-operative Societies.

Agree Comment 1 Agree about 4 years ago

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