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Kantilal (not yet)     25 July 2010

Co-Op Housing Society Act

 

Dear Experts,

Here is the modified query of mine.

.

I have purchased one flat in mumbai in the auction conducted by the bank under SARAFAESI Act 2002.

.

Sale certificate issued by the bank to me which is now duly registered and paid stamp duty.

.

The original agreement of the previous owner (defaulter to the bank) is given to me by the bank.

.

The share certificate issued by the Society to the previous owner is not traceable, as the previous owner is absconder. (Bank is no having the share certificate with it as the owner had taken the loan before the soceity was formed)

.

Now the society is asking for the following document from the bank:

1) Loan allotment letter from the bank to previous owner

2) Mortgage deed between bank and previous owner

3) Notices from bank to previous owner for non payment of loan installments

4) FIR copy of whereabout of the previous owner.

5) Court oder giving auction permission to the bank for the said flat

.

but the bank has refused to give anything saying it is the third party documents, they can not give to me.

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Now society is refusing to give me membership for non-providing of the above mentioned documents.

.

My query is:

1) Is society is having the right to ask all the the documents while I am having Sale Certificate under SARAFAESI Act, 2002?

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2) Is there any provision under CHS Act, where society can issue me a fresh share certificate, cancelling the previous share certificates issued to the absconder owner? As they are saying they need to have share certificate issued to absconder owner

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3) Society is asking indemnity bond from me, I am ready to give them. But is it correct to ask for it?

Kindly help me, I am being harassed like anything.

Thank you all in advance for your kind help



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     26 July 2010

Dear Kantilal,

you can approach to co.op registrar for direction to make you as member. You can also filed criminal complaint against society, for further details you can call me on 9324536299.

regards.

 

Devesh A. Bhatia (Advocate)     30 July 2010

I am in delhi and here a cooperative society tribunal has been started. Find in your location if there is a coop society tribunal If you have one then file a complaint with the tribunal. 

Society can ask you for indemnity bond. If you are fully registered owner of the flat then you should not have a problem in issuing the indemnity bond. 


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