Hello,
Facts of the case is as below :-
Co-operative Housing Society got formed in the year 1993, which is duly registered. My dad had purchased a flat from my uncle in the year 2002 (within family transfer). The transfer of flat is through general power of attorney and agreement of resale.
My dad is staying in the flat since 1993 and has not collected the share certificate.
My dad is applying now to CIDCO for change of owner name. CIDCO has asked for society NOC.
My dad being the transferee has submitted all the documents required for compliance of transfer in the year 2015, as we are having general power of attorney for getting NOC from the society. The chairman/secretary of the society before issuing NOC demanded presence of transferor inspite of having general power of attorney.
Also I would like to clarify one thing that due to our family issues the transferor won't come forward for any help.
My questions are:-
1. Whether the society is right in demanding presence of transferor, inspite of transferee having general power of attorney ? Please give reference of any sections or bye laws if it is required/not required (or any case law reference).
2. Can my dad collect the share certificate as we are having general power of attorney ?
3. Any other consequence can arise for applying now to society/CIDCO, since 13 years has been passed from sale of flat ?
4. Can my dad attend annual general meeting ? As it is clearly mentioned in the GPA that my dad can act as a member in my uncle behalf.
5. Is there any defect in title of property ? as the agreement pertains to year 2002 but we are applying now for change of name. I read supreme court decision on Suraj Lamp & Industries Pvt Ltd Vs State of haryana. It applies prospectively. Any other issue in the title of property ?
Please advise.
