Transfer share certificate of property
VIRAL
(Querist) 31 August 2016
This query is : Resolved
Dear sir,
I was brought house in July 2015 with registered sell deed. I was paid all fees as including transfer fee also as per society rules and regulation before sell deed in advance. I was taking home loan for buying this house. At the time of loan disbusment bank took original share certificate which is provided from seller.
After few month I was give application to society for transfer Shree certificate on my name with document of original index copy, certify sell deed copy, payment receipt of transfer fees which was paid by us, no objection certificate and Resignation letter from seller. Society's authorised person accept my application and told they will inform me after check this.
After few days society was asking share certificate. At that time of application I did not have share certificate. it was in bank custody. I was request to bank for give me share certificate for submitting in society office for transfer my name. And bank hand over certificate to me and I submitted it to society office.
After that society chairman and secretory replied that they will take action on next meeting.
After one month society told me that I had take loan from bank so I need to registered Encumbrance bank
Loan to society Encumbrance register. I was told than that registering encumbrance is responsibility of bank. And it's depend on bank's mood that they need to register or not. But society force me that I have to register encumbrance of loan. Or give Affidavite to society that contain I did not take any loan of this house. But as per my knowledge register encumbrance is duty of bank.
When I was approach bank for registere encumbrance of loan in my society, bank was told me that "when they need necessary that time they will register encumbrance". After lost of my request and fight with bank's authorise person they was sent encumbrance letter to my society via RPAD.
Now I fulfill all requirement of society to transfer my name in share certificate. Even there is no any due out standing in society register. Even I was paid advance transfer fee and maintainance fee.
They had take Resignation of seller, all Legal fees but how ever they are not transfer my name in share certificate.
When I was ask them for when they take action on my application they will always told me that they will inform me in next meeting but they are not take any decision.
They are purposely hesitating me and passing time in this matter.
So please sir advise me what I should
do for Justice. Where to appear for appeal.
Ms.Usha Kapoor
(Expert) 31 August 2016
Dear Client,
File the case against the Bank in consumer forum of appropriate jurisdiction depending on your loan amount for transferring the house share certificate in your name and declare you as an absolute owner of the Flat and also possession of the flat in question as you've completed every procedural rule to get entitled to share transfer certificate producing all the documentary evidence in yor favour.
P. Venu 
(Expert) 31 August 2016
You have performed your part of the job. Let them take their own time.
Kumar Doab
(Expert) 31 August 2016
Relate with society bye laws framed in accordance with Model Bye Laws.
If you are unable to handle entrust to your able counsel.
Rajendra K Goyal
(Expert) 31 August 2016
If no amicable solution possible file case against the society in cooperative court.
Raj Kumar Makkad
(Expert) 31 August 2016
Cooperative court is the best remedy in the given problem.
