Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in the Transfer of 4 of 1882. Property Act, 1882 or the Registration Act, 1908, any allotment (including 16 of 1908. re-allotment) of a plot of land or a house or an apartment in a multi- storied building made by a co-operative housing society to its member in accordance with its by-laws shall entitle such member to hold such plot of land or house or apartment with such title or interest as may be granted under the prescribed conditions, and the certificate of allotment shall be the conclusive evidence of such title or interest in favour of such member. (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 multi- storied 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 multi-storied 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. Member's right of ownership. 361 The West Bengal Co-operative Societies Act, 1983. [West Ben. Act (Chapter 1X—Special provisions for co-operative housing societies.—Sections 88, 89.) Unit of assessment. Restrictions on letting out. (5) Every member of a co-operative housing society in whose favour a plot of land or a house or an apartment in a munti-storied 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.