Short Answer

In the case of a flat occupied by family members (in-laws), the ownership rights are typically treated based on the legal documents and agreements governing the property.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 deals with the rights and privileges of members. According to this section, the ownership of a flat in a cooperative society is determined by the share certificate issued to the member. If the share certificate is in the name of a particular individual, that person is considered the legal owner of the flat. In the case of family members residing in the flat, the ownership rights would still belong to the individual named on the share certificate.

Rule 118 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for transfer of ownership in a cooperative society. If a member wishes to transfer the ownership rights to their family members, they must follow the prescribed process of transferring the share certificate and updating the society's records accordingly. This rule ensures transparency and legal compliance in the transfer of ownership within the cooperative society.

In practice, if a flat is occupied by family members (in-laws) but the share certificate is in the name of a specific individual, that individual retains the ownership rights to the flat. It is essential for all members to adhere to the legal provisions and procedures outlined in the Act and Rules to avoid any disputes or complications regarding ownership rights.

Practical Examples

• Mr. Patel owns a flat in a cooperative society, and his in-laws reside in the flat. Despite their occupancy, Mr. Patel remains the legal owner as per the share certificate issued in his name.

• If Mrs. Shah wishes to transfer the ownership of her flat to her daughter and son-in-law, she must follow the transfer process as per Rule 118 to ensure the legal transfer of ownership rights within the cooperative society.

• In a scenario where multiple family members reside in a flat owned by one individual, the ownership rights are still vested in the name mentioned on the share certificate.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 118 of the Gujarat Cooperative Societies Rules, 1965: Official PDF