Authenticity of registered society


How to find out ( during Covid period) whether the “Registered Society ” is formed with authentic information in it?

The builders who built our building died soon before the building’s conveyance deed was made. Over the years, many of the flat owners resold their flats. One of the flat owner ( lets call him Mr. B.Mohit )says that he along with three other flat owners bought their flat from one Mr. J.K . Mr. JK did not have original documents from previous owners, as they were lost in Haweli 3 many years ago. Now, Mr. B.Mohit says those who bought their flats from Mr. JK received their documents which contains Builder’s name as Mr. JK! This is not true. Recently, I am told that these flat owners with wrong builders name have formed the Registered Society, under our building name !!
Out of 8 flat owners, in this Registered Society document haven’t included remaining four members.

I have found a buyer for my flat. He needs NOC letter from the society for his bank loan. Non of the flat owners have received a certificate of so called Registered Society. I am told to get the NOC letter I should pay Rs. 25000 as transfer fee. How to find out whether the “Registered Society ” is formed with authentic information in it? I am concerned that if I sell my flat, will the buyer face any difficulties in future?
 
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Advocate

You better to consult local lawyer with your records and act accordingly 


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Retired Manager

I presume the Apartment in question is in Mumbai. If so whether the usual practice is to enter into Agreement to Sale and on completion of the Apartments, form a Society and such society with elected President and Secretary issue Share Certificate to each of the Apartmentment as members of the Society.

  1. Who is demanding the transfer fee of Rs. 25000- Is there a Society in your Apartment building functioning with President and Secretary etc and General Body Meting periodically?
  2. Whether such a Society was registered?
  3. Were you and other owners of the apartments issued with a Share Certificate by the said Society?

In any case, you may file an online request under RTI with the Registrar of Cooperative Societies seeking information on whether the Society is properly registered. You need to give full details of your Society like Registration Number etc. to help the Registrar to provide you the required information.

 

Yes Banks do require NOC from the Society to finance any apartment, especially in Mumbai.

 


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Advocate

From the facts stated by you, it appears a Society is already registered for the Building. You have not stated the number of flats in the building. However, you should meet the Society Secretary and enroll yourself as member of the Society in order to sell your flat and pass legally valid title to your buyer. All the doubts you have expressed in your query should be answered by the Secretary of the Society.


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I am 68 yr NRI. I have come to sale my flat in Pune. Today, someone sent me a copy of Society registration certificate through whatsapp.

 

You have asked following questions. I will answer them one by one.

 

Q. Who is demanding the transfer fee of Rs. 25000- ?

A. Mr. B.Mohit. He says he is the secretory of the society and he is demanding.

 

Q. Is there a Society in your Apartment building functioning with President and Secretary etc and General Body Meting periodically?

A. We are only 7 Members. There are 8 flats in our building.

 

Q. Whether such a Society was registered?

A. On whatsapp image of Society registration certificate shows that the society was formed last June 2020.

 

Q. Were you and other owners of the apartments issued with a Share Certificate by the said Society?

 

A. Rest of us, we are four flat owners who have bought flats directly from builders are excluded from the society registration. When the society was formed I was outside India. One flat owner has 2 flats, and she is mentally unstable. Often she is in a mental hospital. One flat owner had bought a flat directly from builder. He sold his flat to Mr. B.Mohit’s in laws. I am not sure if in their document the builders name is changed.

 

Now, if after filing an online request under RTI with the Registrar of Cooperative Societies, and I get the answer that my name is not included; that I am not a member of the society, my question to you is:

Q. Can this registered society be called valid?

Q. When I sell my flat, how the transfer of share certificate can take place?

Q. Can society demand the transfer fee of Rs. 25000- if my name is not included as a member?

Q. Would the buyer get into problems in the future ?

 
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Retired Manager

Very strange situation with just 8 apartments and 4 apartment owners aren't members of the Society. Normally building societies when formed all are made members to avoid complication like the one you are facing. Bank doesn't budge from their legal requirement of NOC from Society.

 

Suppose now you pay the amount to the Secretary of the Society, is the Society ready to issue Share Certificate in your name, which later needs to be transferred to prospective buyer based on sale agreement and the Society issues NOC to Bank? This step is subsequent to satisfying yourself about the authenticity of the society.

 

If yes, take the prospective buyer and also the Banker demanding the NOC into confidence and inform the full details and take their concurrence which is likely to solve the problem. In any case it's better to engage a local able n capable Lawyer who shall be in a better position to appreciate and understand local conditions abd documents and assist/guide you in the matter.


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Lawyer

A society can be registered with minimum 7 members, which is not in your case and the document of registration of the Society may be forged.

Demand of Rs. 25,000/- for issuance of NOC is invalid and illegal.

Facts posted by you are incomplete to form proper opinion and oblige.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding, as there are number of queries involved.

 


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Advocate

The registration certificate sent to you appears to be a fake one. Because no society can be registered with less than 7 members joining and signing the application for registration. You should report the matter yto the Registrar of Coop Societies having jurisdiction over the area in which the property is situated. No buyer will buy your flaat in this situation.

 
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Advocate

A big fraud has taken place in the name of forming of society.

Apartment Association is pivotal in legal handover of an apartment to the owner from the builder. Before the property can be legally handed over to the owners, the builder has to register the Society within four months of sale of 60 per cent of the flats. In case the builder fails to do so, residents can themselves form an apartment association.

Following are the requirements for formation of apartment owners association:

(I) Need seven or more members who must be above 18 years.

(II) Memorandum of association with name and objects of association, details of members of governing body with name, address and occupation.

(III) By-laws (rules and regulations) of the association.

It seems nothing has been followed by the association functioning in the complex.

charging an exorbitant transfer fee is illegal and punishable. Note: The society can collect transfer charges at 2.5% of the difference between the book value of the flat and the price realised by the transferor on the transfer of the flat, or a maximum of Rs 25,000, whichever is lesser.

You may take the assistance of an advocate in the local  and tackle the issue legally by first issuing a legal notice followed by case before consumer forum 

 


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