Short Answer

The allocation of titles to old members in a society when a new building with more units is constructed is governed by the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965. The process involves following the guidelines set out in these legal documents to ensure fair and transparent allocation of titles.

Detailed Explanation

Section 32 of the Gujarat Cooperative Societies Act, 1961 deals with the procedure for the allocation of titles in case of redevelopment or construction of a new building with more units. This section mandates that the society must follow a transparent process to allocate titles to old members based on their existing ownership rights and contributions. The society needs to maintain proper records and documentation to ensure accountability and fairness in the allocation process.

Rule 32 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the allocation process by outlining the specific steps and criteria that the society must adhere to. It requires the society to conduct a general body meeting to discuss and decide on the allocation methodology, considering factors such as the old members' share in the original property and their financial contributions towards the redevelopment or construction of the new building.

In practice, the society would typically form a sub-committee or a redevelopment committee to oversee the allocation process. This committee would assess each old member's entitlement based on their previous ownership rights, financial contributions, and any other relevant factors. The final decision on title allocation would be made collectively by the general body of the society, ensuring democratic participation and consensus among members.

Real-world Scenarios

• Scenario 1: A cooperative housing society decides to demolish its old building and construct a new one with additional units. The society forms a redevelopment committee to determine the allocation of titles to old members based on their previous ownership shares and contributions.

• Scenario 2: In a cooperative society undergoing redevelopment, conflicts arise regarding the fair distribution of titles among old members. The society refers to Section 32 of the Act and Rule 32 of the Rules to resolve the disputes and ensure a transparent allocation process.

• Scenario 3: An old member of a cooperative society raises objections to the title allocation process for the new building. The society provides the member with access to relevant documents and information as per the legal requirements to address their concerns and maintain transparency.

References

• Section 32 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 32 of the Gujarat Cooperative Societies Rules, 1965: Official PDF