mayur (owner) 18 May 2014

Society not transferring the flat in my name

hello sir,

i bought a flat in a hsg society last year. I fullfild all the requirements by the society to get my name transferred.

initially they said it would be done during AGM. but AGM went by they refused saying there is property tax pending which i have to pay for the flat since 2009. this despite the society itself not having paid any property tax since then. they said they are due for the old owner since 2009. but since he has left now i have to pay them the tax as a lumpsum in advance incase the tax demand comes sometime in future. i tried to argue against it but they said name will not be transfered until i pay them. i paid rs.15000 by cheque in jan - 14. after that they said the name will be transfered during the next agm. special agm was held because the building is dilapated and memberes want it to be redeveloped. at that time lots of fighting happened due to the commitee members being against the redevelopment between all the memberes. we were not a part of it since we were still not members of the society. then they refused saying that the commitee cannot process the work because the chairman has resigned. they refuse to hold the new elections saying it cannot be helduntil dec 2014. due to some registrar law that they refuseto explain.

i have paid them rs.25000 as transfer fees, Rs.112500/- as ddonation to the sinking fund. all my dues are clear .andd i paid further paid Rs.15000/- to the society as to clear the past property tax dues withou being given any reciept for the same..

i am at my wits end on how to proceed since i dont want strain my relations with the society but i still want them to transfer my flat to my name..

please advice me as to how to proceed..

thanks

mayur..

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4 Replies

Dr J C Vashista (Advocate) 19 May 2014

@Mayur,

Where is the property/flat/society located, i.., the State as the Cooperative Soceties Act is a State subject.

The society has no business to collect property tax, which falls in the preview of Municipality. However, some societies do collect the property tax from members and deposit with Municipality (a welfare measure for the members). therrefore, asking property tax is illegal. Whatsoever, you are responsible and liable to pay property tax since the date you have purchased, arrears if any (prior to the date of purchase) shall be paid by the seller, wherein you may pay and claim/recover from vendor of flat.

No donation/transfer fees/entry fees/gate money/equilisation amount can be charged from a purchaser in Delhi ( not sure about other states), which has been declared illegal by Delhi High Court in Kusum Lata Vs. Registrar Cooerative Societies Case.

However, engage a local expert lawyer to proceed in your case in a professional manner, in your own benefit and interest.

mayur (owner) 19 May 2014

Thank you for the prompt reply Sir. The flat is in ghatkopar, mumbai. The society collets the properties tax on municipality's behalf. But there is some case going on since 2009. So the tax is pending since then. The seller put up his hands saying he won't pay. So we had to shell it out owing to societies high handedness. They simply refused to do anything until we paid them. Now we have made the payment. To get our name transferred. After that also the committee refuses to transfer our name. Giving very vague reasons. We want to know whom to approach with our grieviance regarding the cociety committee.

T. Kalaiselvan, Advocate (Advocate) 20 May 2014

Now all the events that happened especially denying you the membership certificate despite legal purchase and having cleared all previous dues as well, is illegal on the part of the society/association. The only solution is that you have to initiate proper legal action against the society for relief and remedy, consult a lawyer and proceed legally against the society.