Society registration record and flat sale related

___Raja___ (Querist) 25 June 2016 This query is : Resolved
Dear experts,

Need some help in understanding the law related to property registration and membership transfer.

1. Our society got registered in 2010 and subsequently the society was handed over via 1st AGM in 2010 itself by the builder.
2. As per the handover record, we got the registration details and list of members registered from the builder (Statements A, C, D etc.)
3. From the 200 flats constructed, 9 were declared unsold by the builder. It was mentioned as unsold in the statement A records too.
4. There are few records where the flat owners name is mentioned, but the builder did not provide the sale papers or index-2 of those flats.
5. Those few flats were sold to the people whose name was mentioned in the transfer records in the year 2011. i.e. one year after the society transfer.
6. The index-2 documents mention that the transaction was directly from the builder to the mentioned owner, hence they claim that society transfer fee is not applicable even though the flat was sold after the society formation.

Q1 - If the sale of a flat is the first sale from builder to flat owner, but the sale happens after society formation, can the society ask for society transfer charges
Q2 - If the sale agreement of a flat happens after society registration and transfer, can the builder put the prospective flat owners name in the society membership records in advance?
Q3 - What legal recourse can the society take against the incorrect registration records provided by the builder?

Thanks in advance.

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R.K Nanda (Expert) 25 June 2016
Contact local lawyer.

adv.bharat @ PUNE (Expert) 25 June 2016
Where is the property located?

ADV-JEEVAN PATIL, MUMBAI (Expert) 25 June 2016
Since some flats were not sold prior societyregistraon but sold after. Therefore society cannot demand transfer fee but have to pay share money by the new member