My brother owns a flat in a co-operative housing society in Kolkata. He wants to gift this flat to me, his younger brother, through a registered “Gift Deed”. However, the society has rejected his request citing Section 76 of the West Bengal Co-operative Societies Act, 2006. They claim that membership transfer can only happen upon the owner’s death. Can my brother still legally gift me the flat, and if so, what is the process involved?

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Apni Law
Law Forum › Category: Documentation › My brother owns a flat in a co-operative housing society in Kolkata. He wants to gift this flat to me, his younger brother, through a registered “Gift Deed”. However, the society has rejected his request citing Section 76 of the West Bengal Co-operative Societies Act, 2006. They claim that membership transfer can only happen upon the owner’s death. Can my brother still legally gift me the flat, and if so, what is the process involved?
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Apni Law Staff asked 1 year ago

My brother owns a flat in a co-operative housing society in Kolkata. He wants to gift this flat to me, his younger brother, through a registered “Gift Deed”. However, the society has rejected his request citing Section 76 of the West Bengal Co-operative Societies Act, 2006. They claim that membership transfer can only happen upon the owner’s death. Can my brother still legally gift me the flat, and if so, what is the process involved?

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Best Answer

Apni Law Staff answered 1 year ago

While Section 76 of the West Bengal Co-operative Societies Act, 2006, restricts membership transfer during the owner’s lifetime, it doesn’t prohibit gifting the property itself. Your brother can still gift you the flat through a registered gift deed, but the society’s membership will remain with him. You will need to apply to the society to be considered for membership after the gift deed is registered.

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Previous Article I met with an accident and my medical bills were covered by my health insurance company. Can I still claim compensation for my injuries? Is there a time limit for filing this claim?
Next Article My father, a government teacher, sold our ancestral property and bought a new one in my mother’s name. He’s not close to me and gave land to my sister and brother-in-law near their home, which is now theirs. He says he wants to give all the property to my sisters and nothing to me. He’s now planning to sell the new property too. I fear he’ll leave me with nothing and even sell our remaining ancestral land, a single acre. I’ve tried talking to him, but he says it’s his property and he can do what he wants. He even took a loan of ₹12 lakhs from the bank. My brother-in-law is threatening me. I’m scared. What can I do? Filing a complaint against my brother-in-law might worsen the situation. Please guide me.

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