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Janmejay (Others)     14 October 2010

Unable to obtian Society's Share Ceritificate

Hello,
I've purchased a 1BHK Falt(resale) in New Panvel (Navi Mumbai). The society was formed however the "Conveyance Deed" is not executed, so the plot still belongs to the builder. Now, I purchased the Flat in Dec 2007. From CIDCO, then I received Mortgage NOC, NOC for Selling & Pre-Final Order for transfer of Shares(CIDCO Transfer). The pre-final order, defined that I need to execute the Sale Deed within three months of obtaining the pre-final order(which I did) & submit a copy of that to the CIDCO office(which I didnot).However there is no time line defined to submit that...! Hence I donot have that CIDCO transfer -final order. In April 2008 CIDCO has identified some properties in New Panvel for Short- Recovery, which says soceity/builder needs to pay Rs.x Lacs to CIDCO and then conveyance deed needs to be executed.
Now, when I want to sale my Flat, the society says since you have not submitted the CIDCO's Final order we cannot issue you the Share Certificate. The CIDCO says although they has accepted & given the NOC & pre-final order, they cannot do so now, because of legal complexities. I've verified with CIDCO, in the list of names of members of society my name is added and the name of previous owner is removed. Only formality remaining is the issuing the Final Order.
Now given the above conditions, how do I proceed with obtaining the Share Certificate in my name? Please help, I need to sale my Flat.



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 1 Replies

M. A. Khan (advocate)     14 October 2010

Under CIDCO transfer, final letter is being issued after deed of assignment is submitted with cidco.  Unless firnal letter issued by cidco you are not considered as tranfered in cidco's record.   If your name is shown as member society should not refused cerfificate.


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