Share certificate
Neeraj
(Querist) 27 May 2015
This query is : Resolved
Dear Sir/ Madam,
I bought a flat from a person ,the agreement was done ,full and final payment was done ,but her share certificate was lost so she wrote a letter on a plain paper( this letter was supposed to be affidivate but i did not know at that time) to the society asking to transfer the share certificate on my name also society transfer set were signed by her
after more than a year she came back and is demanding more money from me as price of flat is gone up now and she is saying the that she had done this transaction when she was mentally unstable. she is working at a very good position in govt office.
please help as i am a common man and the lady has done things like this before without leaving any proof before
The society is now asking for her affidivate, which is difficult to get ,so please suggest,
THANKS.
Kishor Mehta
(Expert) 27 May 2015
Sir,
I presume that the possession of the flat is with you.
[1] If the stamp duty & registration charges are paid on your agreement and if the sale agreement is regidtered as per the law,
[2] If the consideration/payment of the flat is paid in full and the receipt thereof recorded.
[3] If the seller lady has signed and submitted all the transfer documents to the society,
in that case you have nothing to worry about. You already have her letter to the society, you can take her to court and demand due performance of contract.
Good Luck,
Kishor Mehta
Neeraj
(Querist) 29 May 2015
yes sir, everything is done ,i have all the documents along with the payment receipt,the only thing missing is the share certificate,its already 3 yrs and more to be precised, now i want to sell the flat but as the society is not willing to make me a member even after the sub- registrar has passed a judgement in my favour to make me member of the society.
Kishor Mehta
(Expert) 29 May 2015
Sir,
The stand of the aociety is correct when it demands the share certificate to the property, to make you a member of the society.
The only alternative for you is to take the seller to court for the due performance of the contract of sale.
Good Luck,
Kishor Mehta
