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Nizar Lilani   24 July 2023

Condominium registration certificate, transfer, etc

Would you be able to throw some light on condominium rules? Specifically, what does a new owner have to do for the association to accept him, any documents to be submitted, whether or not share certificate is needed to be transferred to his name (I believe this is now redundant), transfer and premium/donation, whether or not he is liable for dues pending from previous owner - this is in society mostly occupied by senior citizens.

By a resolution in a meeting in 1997, it had been decided to charge donation of 1L from new buyers. The new owner is not prepared to pay either dues of previous owner, who had defaulted on maintenance for 3 years, as well as the transfer and donation charge saying he has the flat already registered in his name, electricity, property tax, etc, and that should be enough for society.

No amount of cajoling and explaining that people take NOC from society for just this reason b4 making final payment to ensure that there are no dues of previous owner could move him.

He was also told that the flat would be considered, in so far the condominium was concerned, to be owned by the previous owner unless he was willing to comply with the condominium byelaws and resolutions, but to no avail.

Also, any idea if registration certificate was being issued to condominiums in or around 1991, this needed for bank kyc, it appears this was being given to co-op society but not to condominiums, bank is unaware, any documentation on this? Only a rubber stamp was given on declaration deed "Lodged for registration.....etc" with serial number. Was told that was only thing issued to condominiums.

Would appreciate your thinking on this, and if you have any documentation to convince him, that would also help.

Thanks in advance.


 5 Replies

P. Venu (Advocate)     24 July 2023

The query, though lengthy, is shot of essential and material facts. Please post the complete but simple facts.

Nizar Lilani   24 July 2023

Mr Venu Sir,

I would like to also state that the property is in Pune, Maharashtra. Everything else has been explained above. If you need any specific information, please let me know.

P. Venu (Advocate)     24 July 2023

"Society" - Is it a registered Cooperative Society?

T. Kalaiselvan, Advocate (Advocate)     25 July 2023

The condominium is a registered entity.

In that case it has its own bylaws for all dos and donts.

There are clear clauses to operate or for the method to recover the dues from the defaulters.

You can take proper legal action as per the bylaws to recover the dues from the defaulters, in case a new occupant is residing,  the recovery can be done from him and he will recover the old dues from his vendor as per procedures of law.


Nizar Lilani   25 July 2023

Condominium is distinct from Cooperative Housing Society,. It is governed by the Maharashtra Apartment Ownership Act, 1970.

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