Share certificate transfer in cooperative housing society

Querist : Anonymous (Querist) 14 December 2011 This query is : Resolved
I have purchased a flat in a cooperative Housing Society and have executed the Sale Deed through Sub-Registrar. I have received the peaceful vacant possession of the flat. I have started renoation work too in the said flat. I have paid the Entry Fee to the Society as well received the NOC from the society through Seller. I have been paying Maintenance Charges to the Society and they issue the receipt in my name. My name too has been incorporated on the name plate of the Society.

Now, I am getting difficulty in transferring the Share Certificate in my name due to lack of signature of the Seller on the prescribed forms. The seller is not cooperating and deny in signing the documents.

However, I have been insisting the Society to transfer the Shares Certificate on the basis of the following.

1. I have submitted the photocopy of the Registered Sale Deed executed with the Seller which clearly mentions sale of immovable property (including Share Certificate) to me

2. I have paid the Entry Fee also as per rules and regulations of the Society

3. I have received the NOC also from the Society

4. I am paying the Maintenance Charges and the receipt is issued in my name

5. My name has been incorporated in the Name-Plate of the Society

Alternatively, I am suggesting the Society to send a letter that they are transfering the share certificate in my name on the basis of fulfillment of above activities by Purchaser and if any objection to be raised in transferring the Share Certificate, may submit the same in writing within a weeks time from receipt of this letter otherwise we assume that you have given the consent for transfer of Share Certificate in the name of the Purchaser.

Request your suggestion whether society can transfer the Share Certificate in my name on the basis of above.

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