Civil Procedure Code (CPC)

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transfer of rasidence flat society

(Querist) 17 March 2008 This query is : Resolved 
I purchased one residence flat from lift elevators company in feb - 2008.
in bhayander dist - Thane.

Note :- above flat purchased by lift elevators company from builders against balance due not paid by builders to lift elevators.


but society not transfer above flat on my name giving following reason.

1. lift elevators company not taken
premission from society for sale of
above flat

2. lift company not given lift licenses to society .(acuattly builders & lift elvators company not taken license from concern authority til dade)


pls give me advice how to transfer society of above flat on name.
2. what rule regarding transfer of society ?

pls send me your reply on my e - mail as early as possible


e- mail :- santoshpndhr@yahoo.com

thanks
veenzar (Expert) 25 March 2008
You need to specify the nature of society and provide the bye laws to give a proper opinion
Dhrumil (Expert) 26 March 2008
since sale of flat is contract between purchaser and saller. and no third party interested unless any money matter is concerned like socities dues are not paid.you request the company to send one letter for obtaining permission from the socity.if socity denying for this, then you can file petition under society registrar.
Manish Singh (Expert) 26 March 2008
Dear Mr. Santosh,
You can't change your society where your flat is situated at.
Then as Mr. veenzar had given you an opinion that you should firstly look into the by laws of the society that if there is any provision under which it is mandatory for the owner to take permission from the Society before selling off the flat.
If the provision is there, then it would be obligatory for the lift company to have NOC from the society first, then only you could be registered as the owner. Still several other matters also affect the same, so it is advisable to go through the bye-laws of the society.
Manish Singh (Expert) 26 March 2008
Dear Mr. Santosh,
You can't change your society where your flat is situated at.
Then as Mr. veenzar had given you an opinion that you should firstly look into the by laws of the society that if there is any provision under which it is mandatory for the owner to take permission from the Society before selling off the flat.
If the provision is there, then it would be obligatory for the lift company to have NOC from the society first, then only you could be registered as the owner. Still several other matters also affect the same, so it is advisable to go through the bye-laws of the society.


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