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Kantilal (not yet)     25 July 2010

Co-Op Housing Society Act

 

 

Dear Experts,

Here is the modified query of mine.

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I have purchased one flat in mumbai in the auction conducted by the bank under SARAFAESI Act 2002.

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Sale certificate issued by the bank to me which is now duly registered and paid stamp duty.

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The original agreement of the previous owner (defaulter to the bank) is given to me by the bank.

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The share certificate issued by the Society to the previous owner is not traceable, as the previous owner is absconder. (Bank is no having the share certificate with it as the owner had taken the loan before the soceity was formed)

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Now the society is asking for the following document from the bank:

1) Loan allotment letter from the bank to previous owner

2) Mortgage deed between bank and previous owner

3) Notices from bank to previous owner for non payment of loan installments

4) FIR copy of whereabout of the previous owner.

5) Court oder giving auction permission to the bank for the said flat

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but the bank has refused to give anything saying it is the third party documents, they can not give to me.

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Now society is refusing to give me membership for non-providing of the above mentioned documents.

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My query is:

1) Is society is having the right to ask all the the documents while I am having Sale Certificate under SARAFAESI Act, 2002?

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2) Is there any provision under CHS Act, where society can issue me a fresh share certificate, cancelling the previous share certificates issued to the absconder owner? As they are saying they need to have share certificate issued to absconder owner

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3) Society is asking indemnity bond from me, I am ready to give them. But is it correct to ask for it?

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Kindly help me, I am being harassed like anything.

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Thank you all in advance for your kind help

 



Learning

 9 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 July 2010

1.  Sale Certificate under the SARAFAESI Act,  is more than sufficient, since SARAFAESI Act,, is a complete Law (Act) in itself and a Sale certificate in itself is a court decree under the SARAFAESI Act.

 

2.  The property (money) issue is first adjudicated and then only Auction proceedings are initiated under the SARAFAESI Act,  which is again an judicial proceedings.  Sale Certificate (now a court decree) is issued on subsequent procedure of Auction under the SARAFAESI Act.

 

3.  The CHS has no jurisdiction to pass any judgement or opinion or decision on the Sale certificate issued under the SARAFAESI Act, 2002, hence it has no powers to ask for any such documents.    The maximum CHS can rightly ask for is "Indemnity Bond" from the new buyer and nothing.  This is done to indemnify the CHS against future claims from known or unknown claimants and other projected court proceedings.

 

4.  After you have submitted the CHS Transfer forms with fees and the Indeminty Bond then the CHS is bound to transfer the membership and issue you a fresh duplicate share certificate recording that the membership share is transferred on the basis of the Sale Certificate.

 

5.  On failure on the CHS to do the needful,  an appeal to the area deputy registrar, would normally suffice the purpose.

 

Keep Smiling .... Hemant Agarwal
 

1 Like

Kantilal (not yet)     25 July 2010

Thank you Mr. Agarwal,

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This is really a big smile giving answer.

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Thank you so much once again.........

vidya (house wife)     28 July 2010

Sir,

I want be enlightened on the following matters

1) We are the only one who is opposing the redevelopment process, cuz our secretary has not abide to the by laws.

2) since he is the secretary the day one the building is formed, all the members are with him.

3)  when we opposed to certain issues like maintainence regards the terrace flat pwners not charged for the terrace from day one, no structural audit after the building has been plastered only five years back, removing the committee members and electing new ones without informing the earlier member and with elections, no minutes of the meeting submitted to the members till date, foregoing of interest on the maintainece not paid for gaining majority, he has even gone to extend of appointing builder by calling the official of the registrar without giving the deputy registrar the queries raised by us and now he holding a general body meeting for finalising the other procedure.  One more thing is that he had formed a subcommittee for the process of redevelopment and there too he did not allow any one to take chair he with his comorades deciede upon everything even did not send us the details of the offer letter received by the developers nor asked for our suggestion any one who objects or raises any query he treats and insults him by saying that this person is against redevelopment.  Sir we have spent 25 lacs on the plastering of our building and no certificate from the contracter has been availed by him for the life span of the building.

please help how to go about i feel very helpless

Kantilal (not yet)     28 July 2010

medum i think you have posted in somebody elses' query, plz post yr query separately to get the answer

jas diaz (senior partner)     14 February 2012

We belong to a housing society in Mumbai. The CHS wants all members to make payments for the upkeep of the club and myself and 15 others do not wish to use the club and hence do not want to share the club maintenance expenses.

My query :

1. Can we refuse to become members of the club?

2. Can 15 of us can jointly move to co-operative court  filing a single petition?

regards,

jas

 

 

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 February 2012

1.  IF the CLUB house is the property of the Society, THEN the maintenance of the Club house is the responsibility of the Society, which means the members of the society.


2.  The above further means that the Society owned club is for the exclusive use of the society members ONLY and not for the use of outsiders.


3.  In the above case, ALL the members of the society have to equally contribute the maintenance charges of the society owned club.  No member may take the plea that he does not use the club or lift or garden and hence is not going to pay for the usage of the same.


4.  It is immaterial, if the members are using the Club faciltiies or not using.  The common collective maintenance charges for maintaining the club will have to be borne by all the society members.  The cooperative court would dismiss the complaint, once the society proves that the club is the exclusive property of the society and meant only for the society members and not for outsiders.


Keep Smiling .... Hemant Agarwal

Mahesh Desai (GM)     02 April 2014

Dear Expert,


I have given application to our society for issue of duplicate share certificate . As per the society chairman's instruction I have completed all the formalities like giving advertisement in two news paper and indemnity bond . Since last six month I am following up with them but always replied that keep patience .

Now my question is that what is the time frame to issue a share certificate by society ?.

What action I am supposed to initiate  action against society committee

 


Regards

Mahesh Desai (GM)     02 April 2014

Dear Expert,


I have given application to our society for issue of duplicate share certificate . As per the society chairman's instruction I have completed all the formalities like giving advertisement in two news paper and indemnity bond . Since last six month I am following up with them but always replied that keep patience .

Now my question is that what is the time frame to issue a share certificate by society ?.

What action I am supposed to initiate  action against society committee

 


Regards

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 April 2014

Originally posted by : Mahesh Desai
Now my question is that what is the time frame to issue a share certificate by society ?.

What action I am supposed to initiate  action against society committee

 

1.   The Society has to issue "duplicate Share Certificate", within one month, from receiving all documentary formalities.

 

2.    IF the Society is being non-cooperative, THEN the best alternative is to file a grievance-complaint before the local Consumer Court, who will even pass orders for damages and compensation, depending on the available documentary evidences.

 


Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar
 


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