Issue 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.

Answers (1)

252 votes
As 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.

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