(1) Every member of a co-operative housing society, whether registered before or
after the commencement of this Act, to whom plots of land or dwelling units have
been allotted, shall be issued certificate of allotment by the co-operative housing
society under its seal and signature in such form as may be prescribed.
(2) Notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of
1882), or the Registration Act, 1908 (16 of 1908), any allotment (including re-
allotment) of a plot of land or dwelling unit in a building of a co-operative housing
society to its member as per terms of allotment shall entitle such member to hold
such plot of land or dwelling unit with such title or interest.
(3) A member of a co-operative housing society shall not be entitled to any title or
interest in any plot of land or dwelling unit in a building of the co-operative society
until he has made such payment as may be specified by the co-operative
housing society towards the cost of such plot of land or construction of such
dwelling unit, as the case may be, to the co-operative housing society.
(4) The right, title and interest in a plot of land or dwelling unit in a building of the
co-operative housing society (including the undivided interest in common areas
and facilities) shall constitute a heritable and transferable immovable property
within the meaning of any law for the time being in force :
Provided that notwithstanding anything contained in any other law for the time
being in force, such land or building shall not be partitioned for any purpose
whatsoever.
(5) Every member of a co-operative housing society shall be entitled to an
undivided interest in the common areas and facilities pertaining to the plot of land
or dwelling unit allotted to him, which shall be described in the certificate of
allotment as provided in sub-section (1).
(6) Every member of a co-operative housing society in whose favour a plot of
land or a dwelling unit has been allotted shall have the right to use the common
areas and facilities as prescribed by the co-operative housing society and in case
of any violation by a member, the committee shall be competent to recover it at
the cost of the encroacher which also be applicable with regard to the common
areas under the control of the co-operative housing society.
(7) The work relating to the maintenance, repair and replacement of the common
areas and facilities (including additions or improvements thereto) shall be carried
out in accordance with the building rules of the concerned civic authorities, or
other competent authority, as the case may be, and the costs thereof shall be
apportioned amongst the members of the co-operative housing society in such
manner as may be determined and notified by the committee from time to time.
Section 76 • THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003
Section 76. Rights and privileges of members on allotment of plot or dwelling unit in a.
the-delhi-co-operative-societies-act-2003-sec-76.json
•
Section 76
{
"act_title": "THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003",
"act_slug": "the-delhi-co-operative-societies-act-2003",
"section_label": "Section",
"section": {
"number": "76",
"title": "Section 76. Rights and privileges of members on allotment of plot or dwelling unit in a.",
"chapter": null,
"content": "(1) Every member of a co-operative housing society, whether registered before or \nafter the commencement of this Act, to whom plots of land or dwelling units have \nbeen allotted, shall be issued certificate of allotment by the co-operative housing \nsociety under its seal and signature in such form as may be prescribed. \n(2) Notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of \n1882), or the Registration Act, 1908 (16 of 1908), any allotment (including re-\nallotment) of a plot of land or dwelling unit in a building of a co-operative housing \nsociety to its member as per terms of allotment shall entitle such member to hold \nsuch plot of land or dwelling unit with such title or interest. \n(3) A member of a co-operative housing society shall not be entitled to any title or \ninterest in any plot of land or dwelling unit in a building of the co-operative society \nuntil he has made such payment as may be specified by the co-operative \nhousing society towards the cost of such plot of land or construction of such \ndwelling unit, as the case may be, to the co-operative housing society. \n(4) The right, title and interest in a plot of land or dwelling unit in a building of the \nco-operative housing society (including the undivided interest in common areas \nand facilities) shall constitute a heritable and transferable immovable property \nwithin the meaning of any law for the time being in force : \nProvided that notwithstanding anything contained in any other law for the time \nbeing in force, such land or building shall not be partitioned for any purpose \nwhatsoever. \n(5) Every member of a co-operative housing society shall be entitled to an \nundivided interest in the common areas and facilities pertaining to the plot of land \nor dwelling unit allotted to him, which shall be described in the certificate of \nallotment as provided in sub-section (1). \n\n(6) Every member of a co-operative housing society in whose favour a plot of \nland or a dwelling unit has been allotted shall have the right to use the common \nareas and facilities as prescribed by the co-operative housing society and in case \nof any violation by a member, the committee shall be competent to recover it at \nthe cost of the encroacher which also be applicable with regard to the common \nareas under the control of the co-operative housing society. \n(7) The work relating to the maintenance, repair and replacement of the common \nareas and facilities (including additions or improvements thereto) shall be carried \nout in accordance with the building rules of the concerned civic authorities, or \nother competent authority, as the case may be, and the costs thereof shall be \napportioned amongst the members of the co-operative housing society in such \nmanner as may be determined and notified by the committee from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 850
},
"prev_section": "75",
"next_section": "77"
}