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Sam p   25 September 2019

Housing service society share issue

Hi, I am from gujarat. I have purchased a bunglow 2 years back from builder. I took possession but I am not living there. A housing service society has been formed. I have no idea whether builder formed it and pass on to residing members or members formed it themselves. They called for a meeting and made some rules. I was not present in that meeting, but rules were conveyed in a whatsapp group, to which, I showed my disagreement. They ignored me and made a decision to take notarized declaration from all members on 100 rs stamp citing all rules. 95% members have signed it. Society is holding my share certificate because I've not signed and submitted notarized declaration. I have paid society maintainance even my house was vacant. And now, i have given it on rent. Is it mandatory to sign such declaration? Can society deny me my share certificate in such condition? Some rules that I have problem with are.: 1. I have to take written permission from committee before renewal of rent agreement. 2. I can't give my house on rent to the same tenant for more than 33 months. 3. Society will charge 50000 transfer fee on sale of the house. (Can a housing service society ask for such transfer fee?) Please guide me, what should I do?


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 4 Replies

Kishor Mehta (CEO)     25 September 2019

It will depend on the terms and conditions of the registered purchase documents of the property.

Real Soul.... (LEGAL)     25 September 2019

Since 95% of the members have signed the framed rules those shall be applicable ,it is sane to sign the rules and proceed as the rules are for the safety of society. If you  feel aggrieved of rules and you feel your rights are infringed by the framed rules you can file a writ petition in the court to challenge them;

Sam p   25 September 2019

Mr. Mehta, As I purchased it directly from builder, at the time of purchase, housing service society was not in existence. And such rules were not there in purchase purchase documents.

P. Venu (Advocate)     26 September 2019

Any suggestion depends upon the legal character of the so called society as well the rules framed and the objectives of the society. Why society maintainance - what are the common sevices provided? Why share certificate - have you been a founding member or joined subsequently?

 


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