When can buyer of a flat can let it out
suguma
(Querist) 01 March 2013
This query is : Resolved
I recently purchased flat in a co op housing society in Vasai [e] and the registration done on 22.2.13. Regd documents copies and all the documents required for transfer of flat in my name and admitting as a member of the said CHS was submitted on 1.3.13. [The secretary says do not meet me meet my manager who visit the society office on every Friday only between 9.30 to 12.30] Since 1st March started, the maintenance bill is still in the name of seller Mr.Yadav.
Maintenace cheque for March13 issued by me [purchaser of the flat] transfer fee, membership fee also paid by cheque. I would like to rent out the flat from 15.3.13 The manager of the society [on behalf of the secretary] states you can not let out the flat till the maintenance bill is issued in my name[purchaser of the flat] and it may take 1 to 2 months time. What if i enter into a Leave and License agreement with a prospective tenant w.e.f 15.3.13 and accept the security deposit and forward police verification and copy of the L & L agreement by regd post and try to help the tenant to occupy the said flat? If the society watch man does not allow what steps to be taken? IF the tenant forcibly enter the society premises and occupy the flat on Leave and License agreement, what action society can take against me and tenant? Can I recover the rent from the society by adjustment of monthly maintenance till they officially permit to let out the flat? Once I become the owner and pending transfer of membership can I not even occupy the flat or let out others with police verification and L L agreement? What the Maharashtra co op society act says in this regard? Can the society function only on Friday's and delay the transfer of membership? If i am harassed like this I would like to send a legal notice: Pl send a simple draft for the same. Why the society cannot transfer the membership within 7 days. It is noteworthy there are only 24 flats and at the time of submission of my application for transfer of membership in my name there are no other pending application for transfer and this establishes there is no much work load and the Manager appointed by the society just to harass me and cause monetary Loss adopting this tactics? Where should I file a case against them for recovery of loss and damages and causing me mental agony and torture. Is one week the stipulated time limit for transfer of membership in such a small society where the administrative work is not that much.
P. Venu
(Expert) 01 March 2013
You can let out the flat if you have been put in possession. The manager of the society or the watchman has any police or executive powers.
Shashikant V. Patil
(Expert) 01 March 2013
There is nothing like that, you are a bonafied purchaser of your flat. So you can let out flat. And the minor formalities can be completed meanwhile.
Raj Kumar Makkad
(Expert) 02 March 2013
It is not good even on your part to invite such biter relationship at the very initial stage of entering in that society. It is better to develop healthy relation with the office bearers of the soceity. You can personally request the manager to do the needful at the earliest so that you may initiate further action as desired. Better to make personal efforts rather to threaten to send legal notice and so on as society bye-laws do contain terms restricting the purchaser to first obtain the membership of the society and then move ahead as desired.
