Q: I am a member of a co-operative housing society. My flat is too small for our purpose. I have found a bigger one on resale in another co-operative housing society. Is there any restriction on being a member of two societies simultaneously? If so, how can I buy the second flat?
Name withheld
A: Yes, the provisions of the West Bengal Co-operative Societies Rules, 1987, restrict a person who is already a member of a co-operative society or an owner of a house or apartment from becoming a member of another co-operative society in the same city or town. But you can apply for prior permission from the registrar and get a written consent from your society for the transfer of your flat and on completion of the transfer you could go ahead with the purchase of the other flat.
Q:My landlord had taken a loan against the property that we reside in. Since he has defaulted on payments, the bank has taken possession of the property. Can the bank ask us to vacate?
Rishab Agarwal, via email
A: As per the provisions of The Security Interest (Enforcement) Rules, 2002, a bank having the status of a secured creditor can not only take the possession of the secured asset (which, in your case, is your rented accommodation) but also invite tenders for public auction of assets, furnishing the description of the immovable property to be sold and details of encumbrances known to it. Hence the bank can take necessary steps for your eviction.
Q: My husband had transferred an amount from our joint savings account to my savings account (operated singly by me), vide a draft. This was done to reduce his tax load. Now, after some personal disputes, he is claiming that I made the draft without his knowledge. Can he file a legal suit against me? Do I have to return the money?
Name withheld
A: Being holders of a joint account, both you and your husband have equal rights and equal share in respect to the account. However, in such cases, “mutual trust” being an important factor, both parties are liable to each other for not misusing the same. If your husband himself had actually made and signed the receipt of the draft or had deposited the same in your account you need not worry. But if the same was done by you, then he can claim the amount and hold you liable for it.
Please send your legal queries with your name and address to Legal FAQs, The Telegraph (Features), 6 Prafulla Sarkar Street, Calcutta 700001. Or email us at legalfaqs@abp.in