Reading: My family has been part of a housing co-operative society in West Bengal since 1990. The society registered a flat in my name in 1999. In May 2013, I gifted the flat to my wife through a registered deed without seeking prior permission from the society. I then resigned from the society, and my wife applied for membership, submitting a copy of the gift deed. The society received both applications in June 2013. However, a year later, in June 2014, they rejected the transfer, stating I should have gotten their permission beforehand. They cited a rule prohibiting transfers without the Registrar’s approval. Is the gift deed valid, and can my wife become a member of the society?

My family has been part of a housing co-operative society in West Bengal since 1990. The society registered a flat in my name in 1999. In May 2013, I gifted the flat to my wife through a registered deed without seeking prior permission from the society. I then resigned from the society, and my wife applied for membership, submitting a copy of the gift deed. The society received both applications in June 2013. However, a year later, in June 2014, they rejected the transfer, stating I should have gotten their permission beforehand. They cited a rule prohibiting transfers without the Registrar’s approval. Is the gift deed valid, and can my wife become a member of the society?

Last updated: August 25, 2025 1:09 pm

Apni Law

1 year ago

Law Forum › Category: Documentation › My family has been part of a housing co-operative society in West Bengal since 1990. The society registered a flat in my name in 1999. In May 2013, I gifted the flat to my wife through a registered deed without seeking prior permission from the society. I then resigned from the society, and my wife applied for membership, submitting a copy of the gift deed. The society received both applications in June 2013. However, a year later, in June 2014, they rejected the transfer, stating I should have gotten their permission beforehand. They cited a rule prohibiting transfers without the Registrar’s approval. Is the gift deed valid, and can my wife become a member of the society?

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Apni Law Staff asked 1 year ago

My family has been part of a housing co-operative society in West Bengal since 1990. The society registered a flat in my name in 1999. In May 2013, I gifted the flat to my wife through a registered deed without seeking prior permission from the society. I then resigned from the society, and my wife applied for membership, submitting a copy of the gift deed. The society received both applications in June 2013. However, a year later, in June 2014, they rejected the transfer, stating I should have gotten their permission beforehand. They cited a rule prohibiting transfers without the Registrar’s approval. Is the gift deed valid, and can my wife become a member of the society?

1 Answers

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Best Answer

Apni Law Staff answered 1 year ago

The gift deed is likely valid as it was registered. However, the society’s rejection of the transfer may be justified if their bylaws require prior permission for transfers, regardless of the transfer method. Your wife’s membership application may be rejected until the society approves the transfer, as the society’s rules take precedence in this case.