Section 87 in The West Bengal Co-Operative Societies Act, 1983
87. Member's right of ownership. -
[(1) Any allotment (including re-allotment) of a plot of land or a house or an apartment in a building made by a co-operative housing society to its member in accordance with its bylaws shall entitle such member to hold such plot of land, house or apartment, as the case may be, with such title or interest as may be granted under the prescribed conditions, and, subject to the provisions of sub-section (2) of section 60, an instrument of transfer in accordance with the provisions of the Transfer of Property Act, 1882 and the Registration Act, 1908, shall be the conclusive evidence of such title or interest in favour of such member.] [Sub-Section (1) substituted by West Bengal Act 20 of 1995.](2)A member of a co-operative housing society shall not be entitled to any title or interest in any plot of land or house or apartment in a [* * *] [Word omitted by West Bengal Act 21 of 1990.] building until he has made such payment as may be prescribed towards the cost of such plot of land or construction of such house or apartment or both, as the case may be, to the co-operative housing society.(3)A plot of land or a house or an apartment in a [* * *] [Word omitted by West Bengal Act 21 of 1990.] building (including the undivided interest in the 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 heritable and transferable immovable property shall not be partitioned or sub-divided for any purpose whatsoever.(4)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 house or apartment allotted to him.(5)Every member of a co-operative housing society in whose favour a plot of land or a house or an apartment in a [* * *] [Word omitted by West Bengal Act 21 of 1990.] building has been allotted shall have the right to use the common areas and facilities as aforesaid for the purpose for which they are intended without interfering with or encroaching upon the lawful rights of other members in whose favour similar allotment has been made.(6)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 by-laws of the co-operative housing society and the building rules of the concerned municipality, notified area authority or 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 prescribed.
