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Society committee in process of self redevelopment

This query is : Resolved 

19 August 2019

I am the third buyer of the property and had done the process of transfer of property in Mhada, however they are charging penalty of which the concerned case is pending in high court for all, upon presenting the same concern in society letterhead to the CO we got an answer that na matter what you must pay penalty otherwise we cannot transfer, but we are waiting for high court decision. However meanwhile society got the conveyance done and in the list the name as per mhada is of the second purchaser. Also society has paid a certain amount of approx 3 lacs to mhada on our flat behalf as penalty charges for the originally mhada allotted of the flat not paying stamp duty n registration. However rest the two purchasers have done it all n have clear papers (i.e. us n our previous owner of the flat).
Question here is that are we liable to pay the 3 lacs amount to the society even if our papers n deeds were done? We had no clue about this payment not being done, should not the society committee have kept records and make sure of the stamp duty n registration paid by first allottee while giving NOC for selling?
Plz guide

SHIRISH PAWAR, 7738990900Online (Expert)
19 August 2019

It was the responsibility of society that while issuing final transfer NOC to see that stamp duty and registration charges were paid by applicant.

Megha (Querist)
19 August 2019

What should we do...as they are demanding money from us and saying that since the mhada conveyance list has the second owner name they cannot issue flat in our name. Plz guide any article number or bye law no. Can be shared do that we can use it as basis of conversation with society committee

Megha (Querist)
20 August 2019

Plz guide how do we proceed with the society committee so that it does not affect our relationship and also the future of the project

Megha (Querist)
20 August 2019

Plz if someone can guide how do we proceed with the society committee so that it does not affect our relationship with them and the future project

Hemant AgarwalOnline (Expert)
13 September 2019

1. Apprehensively Society has paid the Penalty relating to your Flat, to obviously get Conveyance of the Plot of Land, which is in the overall interest of the Society. Payment for conveyance is a statutory liability to MHADA and cannot be avoided.

2. You may pay Society dues (including the Penalty) and legally you can claim the Penalty amounts from the Seller (from whom you purchased the Flat). It also becomes obvious that in MHADA & Society records & registers, till date you are not the Title-Owner /Member registered and hence allotment of Flat, AFTER redevelopment shall be a huge legal dispute /liability.

Keep Smiling .... Hemant Agarwal
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