Housing society
Virjesh
(Querist) 17 February 2019
This query is : Resolved
my father purchased a flat in may 2002, in 2006 we get to knew the said flat is illegal till date, the court case is filled against builder so later builder revised the plan and made our flat legal, however in 2012 the society is formed but society is not issuing share certificate and not giving us receipt for maintenance and asks to pay maintenance only by cash stating that its due to fact that we filed an court case against builder for legality of flat. what kind of action can be taken ? please help
Dr J C Vashista
(Expert) 18 February 2019
Your query is regarding non-issuance of share certificate is different from legality of flat. Be clear what is your problem/ dispute.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding, if you have lost faith in your lawyer.
DR.VEDULA GOPINATH
(Expert) 19 February 2019
Please consult your local advocate and
1.file a case against the Builder in the Consumer Court
2. If fraud is involved, also file a police complaint against the builder
3. Reg. non-issuance of share certificate of society you can file a complaint to the Registrar of Societies.
you query is not clear.
Virjesh
(Querist) 19 February 2019
thank you for all for your important response, it seems my query is not cleared. so to clear all of you.
my query on the above basis is, am i eligible to receive share certificate ? and if yes then what are the actions i can take against secretary of society ?
Virjesh
(Querist) 19 February 2019
thank you for all for your important response, it seems my query is not cleared. so to clear all of you.
my query on the above basis is, am i eligible to receive share certificate? and if yes then what are the actions i can take against secretary of society, for non issuance of share certificate and not giving maintenance receipt ?
Hemant Agarwal
(Expert) 25 February 2019
1. "IF" the Builder has filed revised Plans and "IF" the said Plans for the earlier "illegal flat" is now regularized and sanctioned and "IF" Father & Builder has registered the Stamp Duty paid Sale Deed, THEN there is nothing left for being illegal and the Flat is legal for all purposes, which includes, Sale /Transfer /Gift /Mortgage /whatever....
2. By virtue of the above, and with the existing new sanctioned building plans, you are already irrefutably the "Title-Owner of your Flat" and further you entitled to the Society's Share Certificate (which now is a mere formality) relating to the legitimate Flat. Further fortified also due to the existing Electricity & Gas & Telephone bills and the PAN & Aadhar cards reflecting the Flat's addresses.
3. AFTER giving proper Legal Notice to the Society, file a Grievance Petition before the local Consumer Court, against the Society and pray for the needful alongwith damages & compensation, for harassment and negligence's of the Society. The Needful would be done.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Virjesh
(Querist) 25 February 2019
Very very thank You for clearing everything hemant agawal sir, all my doubts are clear now, though flat is purchased and stamp duty is paid on 2002 and plan is revised by builder on 2006.
