Illegal transfer of membership made by the society

Mehta (Querist) 11 February 2021 This query is : Resolved
I am the original member of the flat in a society in Mumbai, Maharashtra. In the year June 1989, I made a conveyance deed of my flat and sold to the purchaser and the purchaser applied to the society to transfer the flat in his name by submitting the unregistered and unstamped conveyance deed. The society transferred the flat in the name of the purchaser. The purchaser came to know through some legal opinion that the transfer of flat is not a valid transfer under section 53A of the Transfer of Property Act, since the documents were unregistered and now he wants to cancel the transfer. Under such circumstances, how can I transfer back my flat in my name again and approach the society to rectify the wrong transfer made by them. Please advise. Thanks

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An original flat member in Mumbai sold their property in 1989 using an unregistered and unstamped conveyance deed. The society illegally transferred the membership to the purchaser based on this invalid document. The purchaser later realised the transfer wasn't legally sound and wishes to cancel it. The original member is now seeking advice on how to transfer the flat back into their name and have the society rectify the erroneous transfer.

kavksatyanarayana (Expert) 11 February 2021
As the previous deed is unregistered and unstamped. so it is not valid. so simply you both i.e. the purchaser and seller on a mutual understanding including consideration come to an agreement by consulting a local lawyer.

Mehta (Querist) 12 February 2021
Thanks for the reply, We executed a deed of cancellation by both the executants in Dec 2018. Whether this Deed of Cancellation require registration ?

kavksatyanarayana (Expert) 12 February 2021
Yes It requires registration.

P. Venu (Expert) 13 February 2021
To my knowledge, such conveyances were considered to be valid and proper during that time. It is only at a later that the legal provisions were revisited and corrected. Perhaps, a local lawyer would provide the best guidance.

Mehta (Querist) 13 February 2021
Is it possible to rectify/correct the share certificate by the society since earlier the society had wrongly & illegally transferred the flat to the purchaser on the basis of unregistered agreement ? It is just a case of revocation of earlier illegal and void transfer of membership done by the society. Please advise.

Mehta (Querist) 04 May 2021
Which court can decide whether the subject matter is "illegal and invalid, hence it is null and void and the property, title and ownership does not pass on to the purchaser and the original member is the only owner of the property. Please advise from which court I can get such type of order. Thanks

ashok kumar singh (Expert) 30 May 2021
agreed with views of earlier experts.
thanks

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