flat transfer
Shah
(Querist) 15 October 2013
This query is : Resolved
Hello,
We have finalized a flat to purchase in Pune. Building was constructed around 10 years back and got completion certificate in 2006.
Co-op society was also firmed that time and it has it registration number.
We now come to know that there are some dispute between the society and builder. As per the recent court judgment society is decomposed/cancelled.
As per the seller, society is doing all the transfers with their decided fee.
Now my questions are:
1. Is flat transfer done by society in current scenario valid?
2. If not who can transfer the flat in current scenario? Do we have to approach builder in this case? Any other options?
3. If builder, then can he ask whatever amount he wish for the transfer? Is there any legal binding to builder in such scenario?
4. What if builder does not agree to transfer the flat at all?
Regards,
Shah
P. Venu
(Expert) 15 October 2013
The answer to the queries depends upon the findings and directions contained in the judgment.
Anyhow, rights, including the common rights, of an apartment owner are transferable and heritable.
Devajyoti Barman
(Expert) 15 October 2013
The judgement of the case you have referred to needs to be seen first.
V R SHROFF
(Expert) 15 October 2013
Enter into Sale Deed, Register it, get possession,
Then apply for trf.
MOF act Apply.
So don't worry.
Though it may be subject to Court order, your rights will be protected.
You are bound to pay trf fees as applicable [25k max]
R.K Nanda
(Expert) 15 October 2013
consult lawyer personally.
Rajendra K Goyal
(Expert) 15 October 2013
Agree with the expert V R SHROFF ji. Your rights would be protected.
ajay sethi
(Expert) 15 October 2013
dont purchase the flat now .
Shah
(Querist) 16 October 2013
Thanks everyone for your views.
I understand you may need a copy of judgment to share more clear views but cant help with that :(.
Unfortunately wait and watch is not a option with me. I can either take it or leave it.
Some of you mentioned go into deed, register, possession and then apply for transfer. My questions are,
1. To whome I should apply for transfer. Society or builder? Or this cannot be answered until going through judgement copy.
2. If society or builder decline transfer, do i need to file a case to get transfer.
Before i take a call on this I need to understand what is likely hood of getting smooth transfer in this case? I am asking this question because this is my first deal but you have witnesses many such cases.
Once again, thanks for your help and also want your further opinion on this.
prabhakar singh
(Expert) 16 October 2013
YOU STATE "We have finalized a flat to purchase in Pune."
BUT WITH WHOM?
AND WHAT IS THE JUDGEMENT?
HAS BUILDER NOT SOLD THE FLAT YOU INTEND TO PURCHASE TO ANY OTHER INDIVIDUAL?
WHO IS THE OWNER OF FLAT?
Devajyoti Barman
(Expert) 16 October 2013
If you can not cooperate with the experts here, then no proper advice can be given.
ajay sethi
(Expert) 16 October 2013
BETTER CONTACT A LOCAL LAWYER .
Sarvesh Kumar Sharma Advocate
(Expert) 15 October 2013
