nehal (lead) 05 August 2013

Transfer of share certificate - flat

Hello ,

I have recently purchased a 2BHK flat in Pune City. All the legal procedure has been completed on 22nd Oct 2012 ( Registered Sale Deed ). Now the problem is, Share certificate transfer is not yet done. I have received a letter from the Society Chairman asking me to update share certificate with my name is not done. They are asking to get previous onwers signature for the same ( Transfer of the Share Certificate ). Previous owner is not in india. I want your inputs so that i can get Share certicate transferred to my name without getting the previous owner.

Letter from Soceity Chairman is attached for your reference.

FYI..

I have INDEX II , Sale deed documents with me ( with my name ).

I have Updated my name on Electricity bill and property tax.

Rest all the legal procesures have been done except this share certificate issue.

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4 Replies

Advocate Rohit (Advocate) 05 August 2013

it is surprising that you didn't asked the seller to give a photocopy of the share certificate to you for doing the due diligence of his title???

the seller is required to give his NOC to the society to handover the share certificate to you directly.

If he is abroad, then also he can get the affidavit signed and notarized in that country and courier it to you.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

nehal (lead) 05 August 2013

I have photocopy of the share certificate....also...tile and search report is also with me

nehal (lead) 05 August 2013

Thanls for sharing the info.....do we have any other option which does not involve the previous owner ?....

Advocate Rohit (Advocate) 06 August 2013

without the previous owner consent society shall not issue share certificate to you. you need to write to the registrar of the society to allow the society and direct them to issue share certificate in your favour.

make sure the letter is well drafted otherwise your letter might get rejected by the registrar.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai