quesIssue in transfer of flat to my wife by registered gift

I was a member of a housing co-operative society since 1990 under West Bengal housing Co-operative Society Act and the housing society registered a flat in my name on 1999. Now I had transfer my ownership of the flat to my wife by a registered gift deed on May'2013 without taking prior permission from the society. After that I have applied my resignation to the society from membership and my wife applied for membership in my place to the society enclosing the copy of gift deed. The society received both the application on June'2013. After one year i.e on June'2014 society replied "He should have taken prior permission from the Board of member before executing transfer of the flat in his wife's name,which he did not. Hence the transfer of the flat, in the form of gift is not valid". Society also quoting the rule as "No transfer of shares and interest is permitted without previous sanction of the Registrar" Please advice that the gift deed is valid or not and my wife can be a member of that society? Looking forward to your inputs.

  • ansAs you were absolute owner of flat since 1990, you are at liberty to transfer flat in your wife name by gift deed. Once the registered gift deed is executed your wife would be absolute owner of said flat. If the society has rejected your application for transfer, you must file a complaint with the Registrar in this regards. You can also move cooperative court against the society for refusing to transfer flat in your wife name inspite of the registered gift deed.

  • Related Articles

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Documentation Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Documentation lawyers in India

Documentation Lawyers

Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years

Advocate Shilpa Sharad

  RMV Extension
 Experience: 21 years

Advocate Vishal V Birajdar

  Andheri West
 Experience: 10 years

Advocate T Kalaiselvan

 Experience: 15 years

View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly