Purchase of property in cooperative housing society
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?
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.
