Section 138(2) in West Bengal Co-operative Societies Rules, 2011
(2)A member of a housing co-operative society in whose favour a plot of land or a house or an apartment in a multistoried building has been allotted may transfer by way of sale or usufructuary. Mortgage as defined in the Transfer of Property Act, 1882 (4 of 1882) such plot or house apartment, as the case may be, on one or more of the following grounds—(i)that the member has been involved in debts and the transfer by way of sale or usufructuary mortgage is necessary to pay off his creditors;(ii)that the member is compelled to shift from the locality due to unavoidable circumstances beyond the control of the member;(iii)that the members is in urgent need of money to meet the expenses of marriage or of education of his son or daughter or that the member is in urgent need of money to meet urgent medical expenses of any of the members of his family or any person fully dependent on him;(iv)such other grounds analogous to those mentioned above as the 'Board' might consider reasonable and justifiable;(v)for obtaining written consent of the Housing Co-operatiVe Society in terms of sub-section (3) of section 92, the member shall apply in duplicate to the Co-operative Society with credential of the transferee and with evidence of circumstances under which he or she is compelled to transfer the flat;(vi)the decision of the Housing Co-operative Society, on any application under clause (v) shall be communicated to the member within 30 (thirty) days from the date of receipt of the application. If the Housing Co-operative Society refuses to give its written consent to such application, it shall record the reasons for such refusal and communicate the same to the member within 15 (fifteen) days from taking such decision;(vii)where a housing .Co-operative society refuses or fails to give the written consent under clause (vi) and if the member intends to prefer an appeal to the Registrar against such refusal by or failure of the Housing Co-operative society, he may prefer such appeal within 30(thirty) days from the date of communication of the refusal or within 60 (sixty) days from the date of receipt of the application of the member by the Housing Co-operative Society, but after expiry of 30 (thirty) days from the said date in the case of failure of the Housing Co-operative Society to give such consent; and(viii)the Registrar shall, after hearing the applicant and hearing the co-operative society, dispose of the appeal within 30 (thirty) days from the date of preferring the appeal.
