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Vincent Dias (Proprietor)     17 August 2011

Noc for sale from society

Dear Sir, My brother purchased a flat last year and the society has been refusing to transfer the share certificate to my brother's name saying that they did not give an NOC for sale to the previous owner. The previous owner put a gate on the balcony 18 yrs back. I am running a business and my staff are staying in the flat presently. I have 3 queries.

1. Can the society refuse to transfer the share certificates to my brother's name due to the gate that was installed before the society was formed?(There are many other owners on the ground floor who have done the same).

2. Can the society make my brother pay non occupancy charges even if the flat is not given out on rent to me?

3. What legal action can I take as the society if refusing to acknowledge any notices sent, nor are they willing to give any written statement as to why they are not transferring the said flat.



 9 Replies

Vincent Dias (Proprietor)     17 August 2011

Please note that the society has already accepted cheque payments from us for maintenance charges from Jan to Aug 2011

ajay sethi (lawyer)     17 August 2011

1)it appears that managing committee of your society is acting in an arbitrary manner .

please note that as per model bye laws no NOC from society is necessary .

when your brother purchased flat did he submit all documents to society for transfer of flat?

whether society has given written intimation for refusal to transfer shares ?

2) no non occupancy charges can be levied by society if flat not given on rent

 

3) file a complaint with Registrar of cooperative societies

4) send legal notice to society

1 Like

Vincent Dias (Proprietor)     17 August 2011

My brother submitted deed of assignment to the society, but the society refuses to acknowledge reciept of any notice or papers. All communication for the flat is still being received in the name of the previous owner, although they are accepting all payments/charges from us.

ajay sethi (lawyer)     17 August 2011

send notice by Registered post AD . if you have submitted all papers society is bound to acknowledge

Bharatkumar (ADVOCATE )     17 August 2011

U r paid a maintenance charges and society give a receipt in your brother name? If society is not transfer your brother name in share certificate then u give a application / legal notice for that and thenafter they can not transfer your name in society records u can give a application at Registrar Office of Society for that.

1 Like

Vincent Dias (Proprietor)     17 August 2011

Receipts for all payments are still being made on the previous owner's name. We have not yet received a receipt for the transfer charges although they were paid by cheque in Jan 2011.

Bharatkumar (ADVOCATE )     18 August 2011

U giva a checque? Your ele.. bill transfer? Corporation or Tax Bill transfer in your name?

Vincent Dias (Proprietor)     18 August 2011

I have given a cheque. Not transfered either electricity bill or other to my brothers name

Bharatkumar (ADVOCATE )     18 August 2011

U give a applicatio at Registrar of Society for that with your registered deed. 


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