Membership and Voting Rights

If multiple people claim the same flat, how does the society decide who is the member?

The society will determine the rightful member based on the ownership documents and legal agreements related to the flat.

The society will determine the rightful member based on the ownership documents and legal agreements related to the flat.

Written By: GatePal Analyst

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Short Answer

The society will determine the rightful member based on the ownership documents and legal agreements related to the flat.

Detailed Explanation

Section 27 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to decide on membership based on the ownership documents submitted by the claimants. The society will review the sale deed, agreement of sale, or any other legal document establishing ownership of the flat in question. If multiple individuals claim the same flat, the society will scrutinize these documents to ascertain the rightful owner and member.

In practice, the society will conduct a thorough examination of the ownership documents provided by each claimant. They may also seek legal advice to resolve any disputes regarding ownership. The society's decision will be based on the authenticity and validity of the documents presented by the claimants.

Real-world Scenarios

  • Scenario 1: Two individuals claim ownership of the same flat in a cooperative society. The society requests both parties to submit their sale deeds. After verification, it is found that one party has a registered sale deed in their name, making them the rightful owner and member of the society.

  • Scenario 2: In a case where multiple family members claim the same flat, the society reviews the family tree and legal heir documents to determine the legitimate heir entitled to membership.

Reference

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

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