My cooperative society in Jamnagar is refusing to transfer my flat share; where do I complain?
SH Asked by Shobha Kapoor from India
Quick Answer
Disputes with a cooperative housing society are adjudicated by the Cooperative Court or Registrar of Cooperative Societies in Jamnagar under the State Cooperative Societies Act, where you can file a dispute for transfer of shares, occupancy rights, or against society resolutions.
Detailed Legal Analysis
Disputes with a cooperative housing society are adjudicated by the Cooperative Court or Registrar of Cooperative Societies in Jamnagar under the State Cooperative Societies Act, where you can file a dispute for transfer of shares, occupancy rights, or against society resolutions. The dispute should annex the membership, the application for transfer, and the society's refusal.
The order is appealable to Gujarat High Court or a State appellate tribunal as prescribed. Gujarat Rent Control Act 1999 governs cooperative societies, so the State Act and rules determine the forum and procedure.
The society must follow natural justice and cannot arbitrarily refuse transfer. A declaration and mandatory injunction can be sought.
Limitation is typically as prescribed by the State Act.
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