Short Answer

Yes, the buyer has to reapply if the original selling owner never joined the society.

Detailed Explanation

Section 29 of the Gujarat Cooperative Societies Act, 1961 addresses the issue of membership in a cooperative society. According to this section, a person becomes a member of a cooperative society by acquiring shares in the society and fulfilling any other conditions specified in the by-laws. If the original selling owner never joined the society, the buyer, who acquired the property, would need to apply for membership as per the society's by-laws.

Rule 21 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for admission to membership in a cooperative society. The rule outlines the application process, requirements, and approval mechanisms for becoming a member of the society. In the scenario where the original selling owner did not join the society, the buyer would have to follow the prescribed application process and fulfill the necessary criteria to become a member.

In practice, if the original selling owner did not become a member of the cooperative society, the buyer would need to initiate the membership application process. This may involve submitting an application, acquiring shares, paying any applicable fees, and obtaining approval from the society's governing body. Without proper membership, the buyer may not be entitled to voting rights or other benefits conferred upon members of the society.

Real-world Scenarios

• Mr. Patel purchased a flat in a cooperative housing society from Mr. Shah, who never became a member of the society. In this case, Mr. Patel would need to apply for membership himself to avail of the rights and benefits associated with being a member of the society.

• A group of individuals collectively bought agricultural land but failed to join the cooperative society managing the land. Each individual would have to individually apply for membership to participate in the decision-making processes of the society.

• In a commercial cooperative society, a business entity bought a warehouse space but did not fulfill the membership requirements. The business entity would need to reapply for membership to exercise voting rights during society meetings.

References

• Section 29 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 21 of the Gujarat Cooperative Societies Rules, 1965: Official PDF