Share certificate not issued

Sir,

A share certificate can be issued only after a society is registered. It is mandatory for the builder to get the society registered within 4 months of the receipt of the occupation certificate from the BMC and also to transfer the property to the name of the society with a registered documents. The residents can also approach the authorities for registration of the society.

You can ask the builder to get the society registered, ask him for the occupation certificate and transfer of the property in the name of the society. If he fails to comply you can issue a legal notice and take him to Consumer Court.

Good Luck,

Kishor Mehta

Sir 

many thanks for your reply.note property where we are residing is mhada plot given to promoter, who not in position to proceed further , joined hands with navi Mumbai developer cum builder.reason best known dispute between builder and promoter, we have neither received occupation certificate nor share certificate.please advice

Sir,

You should send an RTI application to your ward MCGM and request the details of the plans and the occupation certificate.

You should also send an RTI application to MHADA and request the details of the present position of the ownership.and relevant documents regarding the permission of development of the plot.

Good Luck,

Kishor Mehta

sir We have already applied under RTI to mhada but with no result.Only reply we get, we have sent your enquiry higher up. however we are going to write to mcgm under RTI to know the status of Occupation Certificate and relevant matter of builder & promoter.pl advice

Sir,

If you fail to receive a reply to your RTI application within 40 days, or if the reply is unsatisfactory,  you should file an RTI First Appeal to the higher authority in the matter.

You will surely receive a reply, to your RTI application, from the MCGM about the plans, IOD, CC & OC.

Good Luck,

Kishor Mehta

Respected sir,

as instructed we have proceeded in submitting application under RTI to building proposal department and simultaneous application to registrar of societies with all pending RTI application which is not replied..we now fear threat from chief promoter and builder for proceeding.we in past have written frequent letter but to no effect. In this case we should register police complain .please advice.

Regards

mahendra parekh

 

 

 

Sir,

As I have already informed, you can file a First Appeal in RTI if you do not get a relply to your RTI application, or if the reply is unsatisfactory.

For criminal intimidation you have to approach the Police authorities. Please file a written complaint with the Police authorities of your area, request them to issue a copy of the N.C., and forward a copy of your complaint and N.C. to The Commissioner of Police, Mumbai.

Good Luck,

Kishor Mehta

Respected Sir, We have drafted letter to police dept.pl review and correct if neccessary.

To,

Station in Charge,

 

 

Sub:-Threat to  family residing at above premises.

 

Dear Sir,

 

We are residing in building where the builder has not completed work. Hence we do not have occupation certificate nor share certificate. Now that we have initiated action we anticipate

threat to our lives from Builder & chief Promoter..Basically this plot was allotted by Mhada to a chief promoter who formed society in name & style as  CHS. Neither of them has corporate with us.

Since   share certificate are not issued to members who are residing, show:-

a. Non cooperative attitude, in non payment of monthly dues

b. Sub-letting of premises to college students who entertain girls & outsiders / family friends, without prior permission of other members.,come home late hours drunk.

c. Govt officer in whose name their flat (may be) is taking law in their own hands in non payment of monthly due and operating water pump to suit their time. Not allowing to  paint  passage / common corridor.

Looking to the above chaos /disruptive attitude by members, we have no option but to seek shelter under law.

 

 

Regards

Mahendra

 

C.C. to Commissioner of Police.

C.C.to home department.

 

 

 

 

Sir,

The format of your complaint does not state any criminal intimidation, you had better approach the Police station personally and lodge an N.C., the police authorities will guide you.

Good Luck,

Kishor Mehta

Sir,
     Our Share Certificate had a typography error in the name of the associate member. We have submitted the same to the Chairman / Secretary for rectification and reissue us the corrected duplicate share certificate afresh.
     We have also submitted the indemnity bond along with it. The Chairman / Secretary refuse to oblige and issue us the same. With abusive language, they arrogantly say, they are not servants...
     We have also complained to the Dy Registrar of the Coop Society, L ward, and the competent authorities have sent them a letter directing them to issue us the same. It has been over 20 months, but nothing seems to be moving from their end. Pls advise what next step should we take in this matter.
Thanking you. Gomes
**

Sir,

The Share certificate has to be issued as per the names on the registered documents - verbatim.

You can approach the signatory, of the Share certificate, for the rectification of mistake, if any. If the signatory refuses to rectify the mistake, that has crept in because of error on his part, you can make it a legal issue.

You can inform the Dy. Registrar that his orders have not been followed and request him for stern action in the matter, else the matter can be taken up further with second appeal under RTI to the CIC at new sachivalaya annexe.

Good Luck,

Kishor Mehta