santosh (doctor) 12 August 2012

Share certificate transfer on purchase of flat in co-op soci

I have purchased a flat in a society in gurgaon. The flat is now registered in my name. I had applied for the share certificate transfer to the concerned society office in gurgaon through the elected members of my society. I have been told recently that the society office (part of haryana govt i think) has put an objection to it, saying that as per the society by-lawas only residents of gurgaon/Haryana are eligible to be members of the society or government servants/psu employees, I had mentioned that i have retired from the army and reside in delhi/ncr, but still the objection is held. Kindly advise how to go about this, how can I get the share certificate transferred in my name, or if it does not happen, are there any repurcussion. The person from whom/initail allotee I have purchsed the flat, has given a letter that he has sold the flat to me and therefore resigns from the socity and has no objection in the share certificate getting transferred in my name. kindly advise.

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6 Replies

Rasik Dagli (Lawyer) 12 August 2012

Dear Sir,

Please let me know whether Flat is purchased by you by registered Sale Deed ?

Whether NOC from Socoety was obtained before transfer ?

Rasik Dagli

Advocate

santosh (doctor) 12 August 2012

Dear Mr.Rasik,

Flat has been purchased by registered sales deed, it has been duly transferred/registered to our name at the gurgaon registration office/court. Unfortunately no NOC from society was taken, as we had no idea about it, nor the people we met in society or the seller or property dealer told us about it. NOC from seller was given to us.

Bharatkumar (ADVOCATE ) 13 August 2012

First u give a application for transfer name in share certificate and if they are not transfer your name in share certificate for resson of NOC, then u take letter of society for that why they not give NOC or Not transfer your name in Share Certificate then u give a application at Registrar of Societies and attach your application and letter of society and resolution of society. U r retiered army man so u attach your certificate. U pay a transfer fee in society?

Rasik Dagli (Proprietor) 13 August 2012

Dear Sir,

If you should have taken NOC from Society before Sale Deed there would have been no problem.

Any how, your case have good merits. NOC from Society is necessary only to ensure that there no unpaid dues of the Society. The Byelaw referred to by Socity for not transferring the Flat in your name can not be enforced.

If you are in possessaion you can enjoy it without any problem. Ask the society that you will pay mainenantence etc. only on transferring the flat in yoiur name.

Also make an application to Registrar of Co-op. Societies against the society and ask Registrar to make an order to transfer the flat in your name. If necessary you may have to file a suit in the court of Registrar's Nominee to enforce your right. I do not know to which city you belong.

If necessary please contact me at - rvdadvocate@gmail.com.

Thanks,

Rasik Dagli

Advocate.