Can a transfer of an apartment be stalled if there are dues


Dear All Eminent Lawyers,

A very close friend of mine is facing a problem. He lives in a one room kitchen apartment in a small society in Mumbai.

The apartment belonged to his father. However of late his father has transferred the apartment to him by a properly executed and duly registered gift deed.

However, due to some old feud there are some dues which my friend has to pay the society.

The society is refusing to transfer the apartment to his name.

My basic enquiry is that can the society refuse to transfer the apartment if there are some dues?

Are the issue of dues and transfer of the apartment related to each other?

My friend is disputing the quantum of the dues and according to him the society cannot stop the transfer of the flat just because there are some dues..

I want to know what the law says on this issue. Also what legal remedies are available so that the apartment gets transferred to my friends name and his name appears on the share certificate.

Hope to see a lot of responses and many thanks in advance for the same.

Yours Sincerely,

Dr.Veerendra Darakh.

 
Reply   
 

Originally posted by : Veerendra
Dear All Eminent Lawyers,

A very close friend of mine is facing a problem. He lives in a one room kitchen apartment in a small society in Mumbai.

The apartment belonged to his father. However of late his father has transferred the apartment to him by a properly executed and duly registered gift deed.


However, due to some old feud there are some dues which my friend has to pay the society.

The society is refusing to transfer the apartment to his name.

My basic enquiry is that can the society refuse to transfer the apartment if there are some dues?

Are the issue of dues and transfer of the apartment related to each other?

My friend is disputing the quantum of the dues and according to him the society cannot stop the transfer of the flat just because there are some dues..

I want to know what the law says on this issue. Also what legal remedies are available so that the apartment gets transferred to my friends name and his name appears on the share certificate.

Hope to see a lot of responses and many thanks in advance for the same.

Yours Sincerely,

Dr.Veerendra Darakh.
 

 

First of all it is not easy to say just in 1 line.

Because we need to see what type of litigation are there with socity.

And why your friend go to society to transfer the property,why don't he approach to registry office directly.

Please visit local property expert to clear the concept.Because it may vary from case to case.


Total likes : 1 times

 
Reply   
 


CEO

It will be prudent to settle the legitimate dues of the society first before seeking transfer of name in the society share certificate. The difference in the amount of dues can be settled amicably or through process of law.

Total likes : 2 times

 
Reply   
 

That is the problem. What the society is asking is much more and this has been confirmed by lawyers. So the amount is under dispute.

But conceptually are the two related. Even if there are dues can the transfer of the flat from father to the son be stalled.

From whatever reading we have done that is not so. That there are dues pending cannot be an excuse for the society to stop the transfer.

Regards

 
Reply   
 
CEO

According to the Maharashtra Model Bye-Laws of CHS, the society can't be legally forced to transfer the share certificate unless all its legitimate dues are satisfied in full.

Total likes : 1 times

 
Reply   
 
Advocate

In my understanding, the property has already been transferred; it is only that you are still not admitted as a member in the Society. As already suggested, try to settle the issue amicably. Any litigation could be too taxing for both the parties.


Total likes : 1 times

 
Reply   
 

It seems that litigation is inevitable.

As per our understanding if an apartment is sold than the transfer and the admission of the new member cannnot occur unless the dues are cleared.

In this case the apartment is transferred by a gift deed from father to son and the gift deed is duley registered with teh registrar of sub assurances. A formal application has been made to the society areound 6 months ago to admit my friend as the member and start raising society invoices in his name. But the office bearers are not responding.

According to section 23 (1A) of Maharastra Co-operative Hosuing societies act 1969 my friend is now a deemed member of the society ( since the society has not responded within 3 months). This is what our lawyer has told us.

If the society still does not respond than our lawyer has told us to approach the sub registrar.

Regards,

Veerendra Darakh

 

 

 

 

 
Reply   
 
CEO

Two criteria should be satisfied to become an absolute owner of a flat in a co-operative housing society in Mumbai,(1) Registered document of purchase & (2) Society share certificate. You have satisfied one criterium that is registered Gift deed in your name, however till your name is included in the membership register of the society you can not become an absolute owner of a CHS flat. Section 23(1A) is not relevant in your instance. Society can refuse to transfer the name on the share certificate if any of its legitimate dues are pending. It will be prudent and in your interests to settle the matter amicably.

 
Reply   
 
ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Veerendra
The apartment belonged to his father. However of late his father has transferred the apartment to him by a properly executed and duly registered gift deed.
However, due to some old feud there are some dues which my friend has to pay the society.
The society is refusing to transfer the apartment to his name.

INTROSPECT ON THIS:
1.  Title Ownership of Flat is "already transferred" in your name, by virtue of the Registered Gift Deed, under the provisions of Tranfer of Property Act.

2. Society can ONLY transfer Society's Membership and has no jurisdiction to Transfer Ownership of Flat, since simply there is legal provision for the society to transfer ownership of property.

3. IF there are outstanding dues of Society, THEN Society has to initiate "recovery proceedings" for its outstanding dues of the Member.  This is no legal ground to stop /refuse transfer of membership to the new entrant under any circumstances, more so since there is a provision to file "recovery proceedings", against Past and Present members, within a limitation period of Three years, AFTER which it becomes Time barred.

4. Going one step further and more so since Transfer of Property is already registered, DO NOT BE BOTHERED about membership of Society, since it really does not matter IF you are a member or not a member and neither the law permits anybody to evict you from your title-ownership property.  On the contrary, you must file a grievance petition before the local consumer court (as well in the Coop. Court), against the Society for its negligence & deficiency in dealing with the issue and claim damages & compensation for the physical & mental harassment caused to you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


Total likes : 1 times

 
Reply   
 

Originally posted by : Hemant Agarwal



Originally posted by : Veerendra



The apartment belonged to his father. However of late his father has transferred the apartment to him by a properly executed and duly registered gift deed.
However, due to some old feud there are some dues which my friend has to pay the society.
The society is refusing to transfer the apartment to his name.





INTROSPECT ON THIS:
1.  Title Ownership of Flat is "already transferred" in your name, by virtue of the Registered Gift Deed, under the provisions of Tranfer of Property Act.

2. Society can ONLY transfer Society's Membership and has no jurisdiction to Transfer Ownership of Flat, since simply there is legal provision for the society to transfer ownership of property.

3. IF there are outstanding dues of Society, THEN Society has to initiate "recovery proceedings" for its outstanding dues of the Member.  This is no legal ground to stop /refuse transfer of membership to the new entrant under any circumstances, more so since there is a provision to file "recovery proceedings", against Past and Present members, within a limitation period of Three years, AFTER which it becomes Time barred.

4. Going one step further and more so since Transfer of Property is already registered, DO NOT BE BOTHERED about membership of Society, since it really does not matter IF you are a member or not a member and neither the law permits anybody to evict you from your title-ownership property.  On the contrary, you must file a grievance petition before the local consumer court (as well in the Coop. Court), against the Society for its negligence & deficiency in dealing with the issue and claim damages & compensation for the physical & mental harassment caused to you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Many thanks for the reply. We just had a meeting with the lawyer and he has oulined the basic steps to file a civil and criminal defmation suit. One thing that we could not comprehend as a non legal persons is that the lawyer said that you have a to pay a cetain amount as court fees when you file a defmation suit and claim compensation. He said  that you have to pay Rs. Three lakhs as court fees if you file a defmation suit of Rs. One crore. Now this fee is non refundable. Now already we are harrased by the society for the last two decades but still we will have to pay these fees for defmation suit. On this point we need a refined opiniuon.

Also for criminal defmation we need to send two warning letters to the society and thereafter we need to file an FIR in the local police station. In case, if the police refuse to file an FIR stating that this is a civil case than we need to file an appliaction before the magistrate. The magistrate will then instruct the police to  file an FIR and conduct an investigation.

We hope our understanding is correct.

Veerendra Darakh

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

Search Forum:








×

  LAWyersclubindia Menu