Housing cooperative society law
4 years ago
We have purchased a flat in New Town. Papers have been submitted in Hidco for membership verification and transfer. We have purchased a flat in a housing cooperative society. It belonged to a member who has expired. The Ld. Arbritrator of joint registrar of co-operative society, co-operative directorate, RTAH Cell, Government of West Bengal has awarded that a vacancy has arisen and a new member can be included. The legal heirs would be preferred if they do the needful in 10 days which they have not done.
So , I want to know the Arbritrator's decision will be considered while membership transfer or the concent of legal heirs will also be required
Shreyash Mohta
Responded 4 years ago
A.There is a lot of things to be noted here.
1. The decision of the arbitrator makes it clear that there is a vacancy which needs to be fulfilled.
2. It is also clear that such vacancy shall be filled up by the legal heirs of the deceased person [if not] then only shall this vacancy open up to others. [All of which should be subject to 10 days limitation].
Now there are a few questions to be answered.
1. Did you pay the money to the legal heirs of the deceased person. As because it is clear that they did not fill up the vacancy as a result of which, you being an outsider got the rights to purchase this flat.
2. If not the above. Then to whom did you pay the money of the flat? and are the legal heirs of the deceased person to in who's name the flat is originally owned aware of their rights as per the arbitrators order?
Thanks
1. The decision of the arbitrator makes it clear that there is a vacancy which needs to be fulfilled.
2. It is also clear that such vacancy shall be filled up by the legal heirs of the deceased person [if not] then only shall this vacancy open up to others. [All of which should be subject to 10 days limitation].
Now there are a few questions to be answered.
1. Did you pay the money to the legal heirs of the deceased person. As because it is clear that they did not fill up the vacancy as a result of which, you being an outsider got the rights to purchase this flat.
2. If not the above. Then to whom did you pay the money of the flat? and are the legal heirs of the deceased person to in who's name the flat is originally owned aware of their rights as per the arbitrators order?
Thanks
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A.Since there is an order from the Arbitrator to follow a procedure of claiming the right by the legal heirs which has not been done hence they would automatically loose the right and no consent would be required. Having said that it must be ensured that the legal heirs are aware of this award from the Arbitrator or else they can challenge it and your right to own the flat later on in court of law. My question to you is that when you bought the flat whom did you pay the money? Is it to the legal heirs or the deceased person? My advice may change on having all the information from you.
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