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viv (Business)     03 May 2010

Flat Sale without Prior Permission of Society

Hello. Need expert opinion.

Our building society affairs were traditionally not managed well. Recently a new committe took over and is involved in cleaning up old issues. Meanwhile a new case has come up:

A non-member (who had picked up the flat) from a member without paying the society transfer charges [first sale] has now sold it to an existing member . For this new existing member it will become Flat no 3. The existing member also did not take any prior permissions from the society in written. The buyer-seller want NOC from the society Managing committee.

What should be the steps? Is there a checklist that we need to follow? If in the first sale, the society did not get the sale transfer proceeds, can the society insist that payments be first made for the first one ?

Can a member have more than say 1 flat in the same society? What is the upper limit ?

Need immediate guidance please.

Regards, SanjayV



Learning

 1 Replies

RUMY M (Prop)     16 May 2010

hi..

It depends in which state you and the flat and the society is located. In maharashtra we follow M.C.S.Act, Rules and society Bye-laws which are the standard ones as per Govt. of Maha. circular. please refer your society byelaws which should have all such details of procedure and check list to follow when flat is sold n transfered. Also to refer the State Co-ope Soc. Act or in Maharashtra its M.S.C.S. Act. which also mentions rules and procedure...

Thanks...


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