Transfer of flat being oppsed by members of society
Sh@ktiiiiii
(Querist) 12 December 2014
This query is : Resolved
I had purchased a flat in Andheri from Builder directly after the formation of society.(It was builder's unsold flat)
Sale deed was registered and all transaction has been through.We have OC copy, Registered sale deed and posession letter.We are currently staying in the said flat.
However Society has refused to transfer the flat in our name as it has to settle some scores with the builder. Builder had taken advance maintenance from few people and have not returned them . Builder says he to get dues from other people of the society and hence there has to be full settlement. This settlement of funds from builder and society is going on since last 2 yrs. Society people are frustrated with it and they are now opposing transfer of our flat into society and they ask us to put pressure on the builder to clear settlements so that we transfer your flat to society.
My question:
It this fair at all?
Are we (buyers) at any kind of fault here?
Why we have to suffer for issues builder has with society and its members?
Is there any law which stops us from getting the flat transferred into society?
Can this be opposed at all?
Isn't it that unsold flat purchased directly from Builder after formation of society becomes part of soc. after paying the charges?
Please provide some advice as the settlement with builder might go on for years or decades to come. Society people are not interested in transferring property as they want builder to clear the dues.
Notes
a: We were provided NOC by the society (No dues certificate) while purchasing the flat.
b: They do not allow us to put the name plate at the entrance of the building.
c: We are 1st buyers of the said flat
prabhakar singh
(Expert) 12 December 2014
You, as buyer, are not at any fault.Your title is clean.Society has no right to compel you to settle disputes they have with builder.
They are bound to record your sale deed.
Sh@ktiiiiii
(Querist) 12 December 2014
Thanks for the quick response Sir.
Is there any section of bye law that states this?
Or any other document of law that supports this.
I will show it to the chairman and get the transfer done.
ajay sethi
(Expert) 12 December 2014
complain to registrar against the society . once society has issued NOC it cannot refuse to transfer flat in name of purchaser .has society given any reasons in writing for non transfer of flat
Sh@ktiiiiii
(Querist) 12 December 2014
Thanks for quick response Sir,
No they have not. Nothing in writing. Only verbally.
Is there any section of the bye law that supports this?
Sh@ktiiiiii
(Querist) 12 December 2014
Thanks for quick response Sir,
No they have not. Nothing in writing. Only verbally.
Is there any section of the bye law that supports this?
ajay sethi
(Expert) 12 December 2014
society is bound to give reasons in writing for its refusal to transfer flat .
Bye law No.39(c) further provides that if the Managing Committee fails to communicate its decision, on application for admission to membership of transfer of shares and interest in the capital / property of the Society, within 3 months of its receipt of said Application, the application shall be deemed to have been accepted and the transferee shall be deemed to have been admitted as a member of the Society as provided under section 22(2) of the Act.
ajay sethi
(Expert) 12 December 2014
you are deemed to be admitted as member of the society as no reply is received to your application for period of 2 years
Rajendra K Goyal
(Expert) 13 December 2014
well advised agree with the expert ajay sethi ji.
T. Kalaiselvan, Advocate 
(Expert) 15 December 2014
The advise and opinions by expert Mr. Ajay Sethi seems to be more appropriate, you may follow the suggestions made.
Sh@ktiiiiii
(Querist) 12 January 2015
Thanks everyone for guidance.
One more question I have.
Does the committee members can pass the transfer in the internal meeting or it needs to be passed /Approved only via AGM.
