|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