Upgrad LLM

society share certificate


I had bought a resale flat some month ago. However, the first buyer has not registered the flat whereas stamp duty has been paid. I have paid my stamp duty as well as registration but the society refuses to give me the share certificate. I have NOC and transfer receipt from society and regustered agreement on my name. Please advise. --
 
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Lawyer in Hyderabad.wats app no.9989324294

NOC and no dues certificate are needed from previous buyer and police verification certificates are needed for getting share certificate.

 
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Yes we have NOC from society and all dues are clear of society nothing is pending and also we paid transfer charges to society 25,000/= and we have receipt on my name but then also they refused to give share certificate reason they giving is first party agreement was not registered.. What type of police verification is required please?
 
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Thank you, mr.rama chary for the response
 
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Scientist/Engineer

In which State are you?  What kind of Society is it?  Is it a co-operative housing society?

 
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CEO

If you have paid the stamp duty and have a duly registered document in your name, and if the share certificate was issued to the previous owner, the society has to transfer it to your name it has no business to raise any questions about the registration of previous chain documents. You may submit a complaint to the Dy. Registrar of CHS of your zone.
 
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Thanks for response..mps ramani. I am from maharshtra mumbai thane city.. Yes its a co op hsg soc ltd
 
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Thanks for respomse.mr.mehta Yes my agreement has fully registered on my name even i have the NOC of society. I piad society transfer charges as well. Previous owner was doesn't have share certificate because he didn't registered his agreement only collector stamp duty he paid but i did all step and my agreement has fully registered in manner.. Now society secretary saying i can't give share certificate reason previous owner agreement wasn't registered but what about my new i have registered agreemnt and i paid transfer cahrges to society?? Pls advice
 
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CEO

It is the legal obligation of the previous owner to handover the share certificate to you to complete the deal. Your option is to take the previous owner to court to submit the share certificate to complete the deal and to make the society a party. Alternatively you can ask the previous owner to get the original sale documents registered.
 
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