I reside in a CHS, from last 4 years, that was formed more than 30 years ago. Due to some personal reasons, I ‘sold’ (not mere transfer) this flat to my father, who cleared my bank loan which I was not able to repay. Registration was duly done at registrar’s office and no wrong information/ forged documents were given, except the NOC from society which the registrar office never asked was asked from the society. Also, since it was within family we did not seek importance of NOC, nor we informed the committee members about this transaction. Once the papers were signed & received, we verbally as well as in writing informed the secretary who refused to accept this & returned transfer fee that I was supposed to give to the society stating that no permission was taken from society for this transaction.
Further they refused to
a. Recognise this deal & Transfer the share certificate in new owner’s name.
b. Accept quarterly maintenance cheque from new owner stating that it’s a 3rd party cheque & society does not recognize them as owner.
In such situation, what are our rights & what is the way out to transfer the share certificate in new owner’s name.
Is our transaction illegal? When neither the government body had any objection & nor any wrong papers were submitted to sell the flat.
