Flat transfer in a West Bengal cooperative housing society: organise the file
04 Nov 2026
Quick answer
Member of a housing co-operative: Before you buy into, inherit, or help form a housing co-operative in West Bengal, check Section 87 of the Co-operative Societies Act, 2006. It sets six tests – and failing one of them is the most common reason a buyer's membership is refused.
Key points
- You must be an Indian citizen or a non-resident Indian.
- You cannot already be a member of another housing co-operative in West Bengal.
- You and your family must not own another plot, house or flat in the same municipal or panchayat area.
- You must be a permanent resident of West Bengal or intend to settle here within one year, and have a genuine housing need.
- Contractors working on the society's project cannot be members.
Real problems and practical solutions
Problem 1: Buyer refused because spouse owns a flat nearby
What happens: The society cites the ‘family’ rule.
Solution:
- Section 87(1)(c) looks at property of the applicant or any family member in the same local area.
- If the other flat is outside that municipal/panchayat area, show proof and re-apply.
Legal basis: Section 87(1)(c)
Problem 2: Inherited a second co-op flat
What happens: You're already a member of another West Bengal housing co-op.
Solution:
- One person can't be a member of two West Bengal housing co-ops.
- Options: transfer one flat, or let another eligible heir take the inherited membership (nomination guide).
Legal basis: Section 87(1)(b)
Problem 3: Society sits on a membership application
What happens: No decision in three months.
Solution:
- Write a reminder citing the 30-day decision rule for transfers (Rule 138).
- File a dispute before the Registrar (disputes guide).
Legal basis: Rule 138; Section 102
The six eligibility tests in Section 87(1)
Section 87(1) adds these conditions on top of the general membership rules in Section 63. You must meet all of them.
| Clause | Requirement | What it means in practice |
|---|---|---|
| 87(1)(a) | Citizen of India or a non-resident Indian | NRIs can be members; foreign nationals generally cannot. |
| 87(1)(b) | Not a member of any other housing co-operative in West Bengal | One housing co-op membership per person in the State. A flat in another state's co-op does not count. |
| 87(1)(c) | Neither you nor any family member owns a plot of bastu land, house or flat in the same municipal corporation, municipality, town, panchayat or notified area | The test is local. Owning a flat in Siliguri does not bar you from a Kolkata co-op, but owning one in Kolkata does. |
| 87(1)(d) | Permanent resident of West Bengal, or intend to reside permanently within one year of applying | Usually satisfied by a declaration plus address proof. |
| 87(1)(e) | Genuine need for housing or additional accommodation | Courts have treated this as a real test, not a formality. |
| 87(1)(f) | No contract with the society for construction or other project work | Keeps builders and suppliers out of the membership. |
Who counts as ‘family’?
The Act defines family in the explanation to Section 16(3) and the Rules build on it. Broadly it covers a husband, wife and their minor children and certain dependants; the Rules add that adult daughters are included for some purposes regardless of marital status. Because the ‘no other house’ test in Section 87(1)(c) looks at you or any member of your family, a flat in your spouse's name in the same town can disqualify you.
Can I own two co-operative flats?
Not as a member of two West Bengal housing co-operatives. Section 87(1)(b) bars it outright. People often discover this when they inherit a second co-op flat or receive one by gift. Options then include transferring one flat (see our transfer guide) or, for an inherited flat, the society settling the deceased member's interest as explained in our nomination and death guide.
How to apply for membership
- Get the society's consent first if you are buying from an existing member – the seller applies under Rule 138 with your credentials.
- Apply in the prescribed form. Membership applications are made in Form XXVIII under Rule 108, addressed to the secretary.
- Attach supporting papers – typically photographs, ID and address proof, an affidavit or declaration covering each Section 87 test, and a copy of the transfer agreement or registered deed.
- Board decision. The board admits or refuses; a refusal can be taken to the Registrar as a dispute under Section 102.
Admissions are frozen just before general meetings: Rule 18 prohibits admitting members and transferring shares on the eve of a general meeting, so time your application accordingly.
When does membership end?
Rule 113 lists when a person ceases to be a member – including death, transfer of the entire interest, resignation accepted by the board, expulsion, or loss of eligibility. If a member ceases to be eligible (for example by acquiring another co-op flat), the society can act under its bye-laws, but the member is entitled to a fair process and to dispute any decision before the Registrar.
Member of a housing co-operative: frequently asked questions
Can an NRI become a member of a housing co-operative in West Bengal?
Yes. Section 87(1)(a) expressly includes non-resident Indians.
Can I be a member if I own a flat in another city in West Bengal?
Yes, if that flat is outside the municipal or panchayat area where the society is located. The ‘no other house’ test in Section 87(1)(c) is limited to the same local area.
Can a husband and wife each be members of different housing co-operatives?
Membership is personal, but the ‘no other house’ test counts property owned by any family member in the same area. Take advice before a second purchase in the same town.
Which form is used to apply for membership?
Form XXVIII, prescribed under Rule 108 of the WBCS Rules, 2011.
What can I do if the society refuses my membership?
A dispute about admission is a dispute touching the society's business and can be filed before the Registrar under Section 102 of the Act, within three months.
Can one person be a member of two housing co-operative societies in West Bengal?
No. Section 87(1)(b) bars a person who is already a member of another housing co-operative in West Bengal. If you inherit or are gifted a second co-op flat, transfer one membership or let another eligible family member take it.
Sources and review
- Section 87(1), WBCS Act 2006 – eligibility for membership
- West Bengal Co-operative Societies Act, 2006 – section index (wbxpress)
- West Bengal Co-operative Societies Rules, 2011 – rule index (wbxpress)
Facts checked against the sources listed on 29 October 2026.
Next step: read the society management guide, or keep your society's records in order with COOPMAN.
