Co-operative society
binu
(Querist) 22 December 2014
This query is : Resolved
I purchased a flat in 2005. The society got registered in 2010 and conveyance deed also executed in 2011.
I got possession of flat in 2008. First year I paid maintenance to builder in cash. In the meantime builder installed mobile antenna on terrace and we objected to it, but builder went ahead and hence we stopped paying maintenance. From the date of formation of society, I have been paying maintenance regularly. and society maintenance bill doesn't show any previous outstanding also.
Now, last week, when I asked for my share certificate, one office bearer is telling, share certificate is ready with them, but it will be issued once I submit Dues clearance certificate from builder. Please let me have your option.
1. Is it required I should obtain dues clearance certificate from builder for getting my share certificate.
2. What are the options available with me.
3. How a society management can withhold my share certificate in connivance with builder.
rgds/binu -9821281072
ajay sethi
(Expert) 22 December 2014
if you have taken possession of flat in 208 you are bound to pay maintenance . property tax and other dues have to be paid by you .if builder installed mobile tower you could have moved court against builder but cannot stop paying maintenance
ajay sethi
(Expert) 22 December 2014
better arrive at an amicable settlement with builder .
binu
(Querist) 22 December 2014
Thanks Mr.Ajay sethi,
What right builder have to withhold share certificate? Share certificates are issued by society after formation of society and conveyance deed is registered. that means builder doesn't have any right on the property and its functions?. How society members can ask no dues certificate from builder for releasing share certificate?
Rajendra K Goyal
(Expert) 22 December 2014
Society has been formed in the interest of flat owners. One can not escape from liability due to the reason that society has been formed. Try for amicable solution.
