I purchased a flat in a society in Mumbai which I am planning to sell in order to buy a bigger flat in the same society. Your kind attention is invited to the following facts:
1. The agreement to sale was done in December 2010 & the sale deed was done in January 2011.
2. I took physical possession of the flat from the seller in January 2011.
3. I submitted all the necessary documents to the administrator (appointed by Jt. Registrar) of the society in March 2011.
4. However, the Administrator informed vide letter dated 18.03.2011 that he has no power to transfer the flat and further directed to file the appeal of MCS Act, 1960 under Section 22 and 23 as may be applicable to The Jt. Registrar.
5. I appealed to the Jt. Registrar in January 2012.
6. On the directions issued by the Jt. Registrar, the administrator made the necessary entries in the register & share certificate in February 2012.
7. Although I was paying the maintenance charges since January 2011, the maintenance bills were raised in the name of the first owner of the flat. The maintenance bill was issued in my name from March 2012.
Now the administrator is saying that I can not sell my flat till February 2013 citing Section 29 (2) of Maharashtra Co-operative Societies Act, 1960 (MCS Act):
A member shall not transfer any share held by him or his interest in the capital or property of any society, or any part thereof, unless (a) he has held such share or interest for not less than one year
My query is as follows:
1. How can I convince the administrator that this section is not applicable to me as
i. I had taken the physical possession of the flat in January 2011
ii. I did the renovation work (after obtaining permission from the secretary of the society) and informed the completion thereof to the administrator and I have been residing there since May 2011.
iii. I have been paying the maintenance charges since January 2011.
iv. I had submitted all the documents to the administrator in March 2011. Whether computation of 1 year can be done from March 2011?
v. Since the administrator is having the powers of a managing committee, whether the administrator is not empowered to transfer the shares?
vi. Even if the administrator is not empowered to do so, whether the administrator is supposed to take the approval of the Jt. Registrar for transfer of shares or he was right in asking me to approach the Jt. Registrar.
2. Please suggest as to how I can sell my flat so as to purchase a bigger one.
Thanks
