vipul kayasth (manager) 28 June 2011

Share certificate name transfer of my flat

SIR,

I HAD PURCHASED A FLAT IN AHMEDABAD MANINAGAR AREA IN JUN 2009 IN CASH AND SAME REGISTER WITH REGISTRAR OFFICE. THAT TIME I HAD BEEN NOT TRANSFER NAME IN SHARE CERTIFICATE AS FLAT ADMINISTRATION DONE BY BUILDER ( ADMINITRATION NOT HAND OVER BY BUILDER TO OUR SOCIETY) OUR SOCIETY IS 18 YEAR OLD AND NON CO-OPERATIVE SOC. NOW I HAVE BEEN APPROACH A BUILDER FOR TRANSFER A NAME IN SHARE CERTIFICATE . BUT BUILDER ASK FOR UNREAONABLY25000/- WHICH IS NOT HIS RIGHT TO COLLECT SAME . SO WHAT TO DO FOR TRANSFER A NAME ( ENTER MY NAME IN SHARE CERTI) . AND HOW CAN WE (OUR SOCIETY TAKE ADMINISTRATION OF SOCIETY FROM BUILDER AS BUILDER REFUSE TO HAND OVER. PL.ADVICE.

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8 Replies

Shaulabh Shah (advocate) 28 June 2011

Hello..

It is very nice from your side that your had done registered sale deed. The Builder can not claim any amount on legal trasfer except legal transfer fees of your flat. One thing is concern is that have your seller had taken the NOC from your society or not before the sale deed?.if so, then you can battle for your legal right... Shaulabh Shah Adovcate
... www.shaulabhshah.com

Bharatkumar (ADVOCATE ) 30 June 2011

YOUR SOCIETY IS REGISTERED SOCIETY AS PER SOCIETIES ACT. IF YES THEN BUILDER GIVE A SHARE CERTIFICTE TO U. U WRITE A APPLICATION TO THE BUILDER TO GIVE A NOC AND NO DUE CERTIFICATE OF THIS FLAT AND U SAYS THAT I SHALL TRY TO BANK LOAN ON THIS PROPERTY SO REQUIRE DOCUMENTS GIVE AS PER BANK LIST.

AND IF SOCIETY IS NOT REGISTERED UNDER THE SOCIETIES ACT SOCIETY CAN NOT GIVE SHARE CERTIFICATE U. AND IF BUILDER MAKE A SERVICE SOCIETY IT'S NOT NECESSARY TO TAKE SHARE CERTIFICATE.

Bharatkumar (ADVOCATE ) 30 June 2011

U REGISTERED A SALE DEED IN YOUR FAVOUR U READ SALE DEED WHO IS SALE THIS PROPERTY BUILDER / SOCIETY IF SOCIETY SALE / ALLOTTE THIS PROPERTY IN THAT TIME U TAKE A SHARE CERTIFICATE OF THE SOCIETY IN YOUR NAME.

Bharatkumar (ADVOCATE ) 30 June 2011

AND BUILDER NOT GIVE A SHARE CERTIFICATE U GIVE A APPLICATION IN REGISTRAR OFFICE OF SOCIETIES AT JILLA REGISTRAR, SAHKARI MANDLIO, 3RD FLOOR, KRUSHI BHAVAN, PALDI, AHMEDABAD.

vipul kayasth (manager) 01 July 2011

THANKS TO ALL OF YOU. I WOULD LIKE TO KNOW THAT HOW OUR FLAT MEMBERS GET ADMINISTRATION FROM BUILDER.

THANKS

Shaulabh Shah (advocate) 01 July 2011

Hello...

Mr. Bharat Kumar.

Here society has already gave share certificate. the question is they are not trasfer the name in the share certificate and also not give business of soceity. More over the society is NON CO.Op. society ....so, kindly tell me in this case how the jilla register will help Mr Vipul?

vipul kayasth (manager) 02 July 2011

MR SHAULABH U CORRECTLY GOT MY POINT

VIPUL

Bharatkumar (ADVOCATE ) 04 July 2011

Non co.op society give a share certificate? If yes, tell me section of Societies act? And If builder make a Service Society for maintain a building and give a Share Certificate of that Service Society so in that time the Service Society share certificate value is nothing / Zero.

U tell me in first who is the owner of Land? Who is construction a building? who is the developer? who is given a allotment letter / possession letter at the time of allotment? who is issue share certificate and what's the role in this building / land? who is collect money first time? please says some clearly?