Short Answer

Yes, the status of an owner in a cooperative society can change if they become a non-resident.

Detailed Explanation

Section 27 of the Gujarat Cooperative Societies Act, 1961 addresses the issue of membership in a cooperative society. According to this section, a person who ceases to be a resident of the area in which the society operates may be required to transfer their membership to another person who is a resident of that area. This means that if an owner of a property in a cooperative society becomes a non-resident, they may need to transfer their membership to a resident member to maintain compliance with the Act.

Furthermore, Rule 22 of the Gujarat Cooperative Societies Rules, 1965 provides detailed procedures for the transfer of membership in a cooperative society. This rule outlines the steps and documentation required for such transfers to take place. In practice, the society may request the non-resident owner to initiate the transfer process by submitting the necessary forms and documents as per Rule 22.

Real-world Scenarios

• Mr. Patel, an owner in a cooperative housing society, moves abroad for work and becomes a non-resident. As per Section 27 of the Act, he is required to transfer his membership to a resident member to comply with the law.

• Mrs. Shah inherits a property in a cooperative society but resides in another state. She needs to follow the procedures outlined in Rule 22 of the Rules to transfer the membership to a resident member.

In such cases, the society may facilitate the transfer process and ensure that the ownership rights are transferred smoothly to a resident member to maintain the cooperative nature of the society.

References

• Section 27 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

• Rule 22 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]