Flat transfer in a West Bengal cooperative housing society: organise the file
04 Nov 2026
Quick answer
Society refusing to transfer your co-op flat: A West Bengal housing co-operative cannot simply sit on your request to sell or transfer your flat. Under Rule 138 of the West Bengal Co-operative Societies Rules 2011 the society must decide in writing within 30 days, must record and send reasons if it refuses, and you can appeal to the Registrar, who must decide within 30 days. What most people call an ‘NOC’ is, in law, the society's written consent. Here is how to ask for it properly and what to do when the answer is no – or no answer at all.
Key points
- Any transfer or letting of a plot, house or flat in a housing co-op needs the society's written consent (Rule 138(1)).
- The society must communicate its decision within 30 days of your application; a refusal must give reasons, sent within 15 days of the decision (Rule 138).
- If it refuses, appeal to the Registrar within 30 days of the refusal; if it stays silent, appeal after the 30 days and within 60 days of your application (Rule 138).
- The buyer must still meet the Section 87 eligibility tests – a lawful refusal is usually about eligibility, not the committee's preference.
- Disputes about membership or transfer go to the Registrar under Section 102, not to a civil court or consumer commission.
Real problems and practical solutions
Problem 1: The secretary says ‘we'll see’ and months pass
What happens: You applied for consent to sell three months ago. Nothing in writing has come back; the buyer is losing patience.
Solution:
- Check that you applied in writing, in duplicate, with the buyer's details and your reason for selling, and that you hold a dated acknowledgement (Rule 138).
- If 30 days have passed, write once more citing Rule 138 and asking for the decision within seven days.
- File an appeal to the Registrar for ‘no decision’ – it must be within 60 days of the date the society received your application. Attach your application, the acknowledgement and the reminder.
- If the 60 days have already run out, file a dispute under Section 102 instead (generally within three months of the cause of action; delay can be condoned for sufficient cause).
Legal basis: Rule 138, WBCS Rules 2011; Section 102, WBCS Act 2006
Problem 2: Society refuses because ‘we don't want outsiders’
What happens: The committee says the building is ‘only for our community’ or that the buyer is from another state.
Solution:
- Ask for the refusal and its reasons in writing – Rule 138 requires reasons.
- Compare the reasons with the Section 87(1) tests: citizenship or NRI status, not a member of another West Bengal housing co-op, no house in the same local area, resident or intending to reside in West Bengal, genuine need, not a contractor of the society.
- A reason that is not about eligibility or a lawful bye-law condition is weak. Put that point in your appeal to the Registrar.
- Keep the tone factual; the Registrar decides on the papers and a hearing of both sides.
Legal basis: Section 87(1); Rule 138
Problem 3: The society demands money before giving consent
What happens: The committee will sign only after a ‘transfer fee’ or ‘donation’ is paid.
Solution:
- Ask in writing which provision of the Act, Rules or registered bye-laws allows the charge.
- Read our guide on transfer fees and premiums in West Bengal before paying.
- If you must pay to keep the sale alive, pay by bank transfer with a covering letter saying it is paid under protest, then raise a Section 102 dispute to recover it.
Legal basis: Section 102; Dover Co-operative Housing Society v. State of West Bengal (Cal HC, 2007)
Problem 4: The deed was registered first; now membership is refused
What happens: Buyer and seller registered the sale deed before asking the society. The society refuses to admit the buyer.
Solution:
- Apply for membership immediately with the registered deed and the Section 87 declarations.
- If refused, appeal or file a dispute before the Registrar; disputes about induction of a member fall under Section 102.
- Next time, get written consent first – our transfer file guide lists the order of steps.
Legal basis: Rule 138; Section 102
What the law actually requires
Three provisions decide almost every transfer argument:
| Provision | What it says (summary) | Why it matters to you |
|---|---|---|
| Rule 138(1) | Transfer or letting of land, house or apartment needs the society's written consent. | An oral ‘no problem’ is not consent. Get it in writing. |
| Rule 138(2)(i)–(iv) | A member may sell on grounds such as debts, having to leave the locality, a child's marriage or education, medical need, or other grounds the board finds reasonable. | State your reason in the application. ‘Other analogous grounds’ gives the board room to agree in ordinary cases. |
| Rule 138(2)(v)–(viii) | Application in duplicate with the transferee's particulars; decision within 30 days; reasons within 15 days of a refusal; appeal to the Registrar; Registrar decides within 30 days. | These deadlines are your strongest tool. |
| Section 87(1) | Six eligibility tests for every member of a housing co-op. | Check the buyer against them before signing anything – see membership eligibility. |
| Section 102 | Disputes about the society's business, including membership and transfer, go to the Registrar. | Civil courts and consumer forums are barred for these disputes. |
How to apply so the 30 days start running
- Write to the secretary, in duplicate, asking for consent under Rule 138 to transfer your flat and share to the named buyer.
- Attach the buyer's name, address, ID, a declaration covering each Section 87(1) test, and the draft agreement.
- State the ground for transfer (for example, moving away for work, or other reasonable ground).
- Get the duplicate stamped and dated by the society office, or send it by Speed Post with acknowledgement or by e-mail to the society's official address.
- Diary three dates: day 30 (decision due), day 60 (last day for a ‘no decision’ appeal) and, if refused, 30 days from the refusal.
Appealing to the Registrar
The appeal goes to the Registrar of Co-operative Societies with jurisdiction over your society (for most Kolkata housing co-ops, the Assistant or Deputy Registrar's office for housing). Our Registrar offices guide shows which office.
- Copy of your application and the society's acknowledgement.
- The refusal letter with reasons, or your reminder showing no decision.
- Buyer's Section 87 declarations and ID.
- A one-page note: the dates, the provision, and the order you want (consent to the transfer and admission of the buyer).
Extra permissions on leasehold land
In some areas the land owner's permission is needed as well as the society's. New Town societies on HIDCO land should read the New Town guide, and estates built by KMDA or the Housing Board should read the KMDA and Housing Board guide. Society consent does not replace those permissions, and they do not replace society consent.
Society refusing to transfer your co-op flat: frequently asked questions
Can a housing society refuse to give NOC to sell my flat in West Bengal?
It can refuse only in writing and with reasons. Rule 138 of the WBCS Rules 2011 requires a decision within 30 days and reasons for a refusal, and you can appeal to the Registrar. A refusal that has nothing to do with the buyer's eligibility under Section 87 or a lawful bye-law condition is open to challenge.
How many days does a co-operative society have to approve a flat transfer?
30 days from receiving your application, under Rule 138. If it refuses, the reasons must be communicated within 15 days of that decision.
What if the society does not reply to my transfer application?
After 30 days with no decision you can appeal to the Registrar, but the appeal must be filed within 60 days of the date the society received your application. The Registrar hears both sides and must decide within 30 days.
Is an NOC the same as society consent?
In practice yes, but the legal document is the society's written consent under Rule 138. Ask for a letter that names the buyer and the flat and says the society consents to the transfer.
Can I go to consumer court if the society refuses transfer?
Generally no. Disputes about membership and transfer in a co-operative society go to the Registrar under Section 102 of the WBCS Act 2006, and Sections 102(4) and 145 bar civil courts and consumer forums from those disputes.
Sources and review
- Rule 138, WBCS Rules 2011 – transfer and letting out (consent, 30-day decision, appeal) future.indiankanoon.org
- Section 87(1), WBCS Act 2006 – eligibility for membership of a housing co-operative future.indiankanoon.org
- West Bengal Co-operative Societies Act, 2006 – section index (wbxpress) wbxpress.com
- West Bengal Co-operative Societies Rules, 2011 – rule index (wbxpress) wbxpress.com
- Practitioner note: transfer in a West Bengal housing co-op and action if the society denies transfer (2014) advocatechenoyceil.com
- Dover Co-operative Housing Society v. State of West Bengal, Calcutta High Court, 18 June 2007 indiankanoon.org
Facts checked against the sources listed on 29 October 2026. This is general information, not legal advice; I'm not a lawyer, so take advice on your own facts.
Next step: read the society management guide, or keep your society's requests and decisions on record with COOPMAN.
