transfer

kk (Querist) 20 July 2009 This query is : Resolved
my client purchased house from seller now this seller had earlier had taken token amount from other buyer and now issue is that due to non complition of earlier contract by other buyer ,seller sold away house to my client . Every possible formality of transfer is over only except transfer of share in name of my client as this was not completed as previous buyer's lawyer sent away legal notice for recovvery of token amount and sent one more letter to secretary to stop transfer of shares . now my question is that
1)can secretary transfer shares treating notice as invalid as it is not court order and sale had already taken place .?
2)can the prior buyer recover token amount from seller ?

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Y V Vishweshwar Rao (Expert) 20 July 2009
1- It is connected with Proerty -not only the Membership/Sahre Certificate - so all the claims on proerty connected with the Share to be settled - However the Lawyer Notice is not court Order ! it can be decided as per the Society Bey Laws and the Registrar Co- Operative Housing is the Competant Authority to decide the matter -

2- The Claim of th previous buyer is only return of the token amount - not claiming the Share with proerty ! It is between the Previosu Buyer and Seller !