Share Certificate

Dinesh Kandpal (Querist) 17 October 2014 This query is : Resolved
In a registered housing society, if some flats are illegally constructed, can managing committee refuse share certificate to such flat owners? These members are paying maintenance charges as well to society? What is the rule?

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ADV-JEEVAN PATIL, MUMBAI (Expert) 18 October 2014
Flat owners hv become members of Regd Soc. It is mandatory to give out Share certificate to Members to comply the provisions of Act,Bye laws & Rules.

ajay sethi (Expert) 18 October 2014
have they been admitted as members ? if so society is bound to issue share certificate to members

P. Venu (Expert) 18 October 2014
How is that the flats are illegally constructed?

Rajendra K Goyal (Expert) 18 October 2014
Agree with the expert ajay sethi.

V R SHROFF (Expert) 18 October 2014
If builder gave their names as purchaser of flat// or they are members , soc must issue share certificate, irrespective of illegal construction.

T. Kalaiselvan, Advocate (Expert) 19 October 2014
How do you say that it was illegal construction, if it is so, the concerned authorities may be alerted and proper action can be initiated about the illegal construction. However, if the society has been collecting the maintenance charges, it has to recognise their claim as member and allot them the share certificate.

Dinesh Kandpal (Querist) 21 October 2014
Builder has not given their flat numbers to registrar while handing over the society. The society is collecting maintenance but doesn't consider them as members so share certificate not handed over. The construction is done without CC and hence illegal and some construction is still pending.

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