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VAIBHAV (owner)     03 November 2012

Co op hsg society title clearance

Respected Sir, 

This has with reference to your answer on website of consumercomplaints.in i would like to ask few queries and their answer. 

I have purchased one flat in 1983 from the builder who has given documents.

 allotment letter in the name of flat owner

possesion letter in the name of flat owner

power of attorny between owner of the land and  builder for construction of the residential flat

copy of approved plan of residential flat

form no.2 for use of resindent and N A permission

money receipt along with full and final payment letter to the members


there is no sale deed done between member ,builder or society.


now we firm society in 1990 under registered as co op hsg society ltd and took over charge from builder association who managed.  Till date society has not issued share certificate to their members and on asking saying that since society has not done sale deed with builder. other side society is collection transfer fee from member who sold their flat and also from new member who buy that flat. society has given allotment letter to me for the flat alloted to me. 

further society also saying that since on land record still the name of bulder is reflecting that means our title is not clear so once the said clear which will allow to issue share certificate.

 also on audit of society by registrar who put remarks for issue share certificate to the members.

 pls guide on i can get share certificate from society,

i can go to court for clearing the title

and also since we are staying since 1983 in said flat there is any concern when builder or court can ask to leave.


 3 Replies

m.arunprakaash (advocate)     03 November 2012

Dear Mr.Vaibhav,

Send notice to the builder to convey the right, title and interest in the property in the name of the society.

Issuing share certificate does not affect your problems with the builder. that is seperate issue.

You can file your case with the Registrar of Co-op Societies for DEEMED CONVEYANCE.

You can file DECLARATORY SUIT  at the city civil court.



VAIBHAV (owner)     03 November 2012

Thank you Mr. Arunprakash,

further i would like to know if we file case in respective civil court and if case already start in court at that time also society can take process for issuance of share certificate.

as society is saying since title is not clear so after clearance or after court decision we can issue share certificate.

i do not feel this is correct since society comes under registrar of society act and title clearance matter is different so share certificate can be issued kindly guide.

heartiest thanks on your advise

m.arunprakaash (advocate)     05 November 2012

Issuing share certificate is nothing to do with your court case. It may be subject to what ever right, title and interest already vested in the name of the society.



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