Legal Question in Real Estate Law in India

My daughter is an NRI green card holder. She holds jointly, with her husband who is also an NRI green cardholder, a flat in Mumbai in a coop.hsg.society. She intends to buy another flat in another coop hsg. society jointly with her husband. The present flat is rented out on lease for 12 months, the new one which is now being purchased is also will be let out for monthly rent for 12 months.

The question is whether she can acquire two flats in Mumbay in two different hsg. societies ? whether there is any legal restrictions, if there are restrictions, what are they, whether that would come in the way of renting out both the flats.

V C Poojary,

REtd. Manager of Reserve Bank of India, 9819608071.


Asked on 7/06/12, 1:49 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as per law, your daughter cannot own more than one flat/house in a co operative society as the land allotted to co operative societies is on concessional rate and considering dearth of housing in India, this rule is made under the co operative societies act. you may own one in case you still not a member of any society.

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Answered on 7/06/12, 1:55 am
Shrichand Nahar S.V.Nahar, Advocate

Check bye-laws of society and act accordingly.

After repeal of ULC, purchase of more than 1 flats in a society was proposed to be removed. Check whether it is implemented.

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Answered on 8/05/12, 9:36 pm


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