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Am I eligible for membership of a co-operative society by becoming an owner of a property in the society?

I purchased a residential land from a bank auction. The land comes under a co-operative housing society. Since I purchased the land from the bank in a public auction under SARFAESI act 2002, I am the new owner of the land. The sale certificate is the prima facie evidence of my title to the property. The certificate states that the land is free of all encumbrances. Here is my question: 1. Can the housing society where the land is located deny me membership because the bank did not require/take permission from the society for the sale? The sale was through a public auction so anyone could have participated in the auction. The bank did intimate the society about the sale recently. 2. Do I need society's permission the register the land in my name or the sale certificate is enough? 3. If the society claims that the previous owner violated one of the bye-laws by not constructing a house within 3 years of his purchase and therefore the ownership of the land was revoked from him. Can society claim ownership on this land even though the land was mortgaged when the title was free of all encumbrances and society did not object to any of public notices and sale notice published on major news papers as per the SARFAESI act? 4. If the bank followed all the procedures properly to sell the secured asset and issued the sale certificate to me. Can anyone for any reason invalidate my ownership/title to the property? Or is it too late now to have any civil case because the sale certificate can not be challenged in a civil court?

Public Comments

  1. yes
  2. after reading all points i feel taking entitlement of membership through civil court is easiest.
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