Change of ownership in co operative housing flat
Raj
(Querist) 09 June 2012
This query is : Resolved
Dear all respected legal expert.
I (NRI ) had purchased a flat in 2003 in co operative housing society in Gujarat.Currently holding possession of it with full rights as per member of society.
We have been issued SHARE CERTIFICATES,allotment letter and possession letter.originals bills from builder for receiving net amount for selling flat.As per our knowledge and belief no one was making sell did in cooperative housing flats.And also Bank also did not insist to make sell deed ,like other originals keeping with then untill loan paid up.
We had all original document as above which bank keep in their custody to prove ownership.We had taken minimal loan form bank ,just to varify all legal rights/document of property.
Now my question is
1- How enter my name without sell deed in index/city survey office ?
My name seen as possession holder of flat after name of co operative housing society name in municipal tax bill. Electricity bill on our name.
If can i make sale deed now as per original purchase amount /bill and is it possible .Any penelty ??
Is there any alternate legal way ?
Can any one suggest best option for me except making sell deed at current cost index which is easy way.I need expert to find other best ,least expensive way.
How can i sell this property direct to third party ??
Pls guide .Thank in advance
ajay sethi
(Expert) 09 June 2012
ask builder to enter into sal deed with you for pruchase of flat get it duly stamped and registered . it is necessary for sale of property . pay the expenses necessary but safeguard your interests
Raj
(Querist) 09 June 2012
I do not think this is good option. As I think builder will not do it (who is very good friend of mine) . And also its co operative housing society ,and hand over to members.
Even if builder ready to do sale deed (as is he good friend of mine) , but rate of the index cost will be current year and so builder has to pay capital gain tax ??
Do you agree ?
I recently hear of GRUDA (GUJARAT REGULLATION OF UNAUTHORIZED ACT ) is it apply to flat / co operative society ??
Raj
(Querist) 09 June 2012
Sorry its GUJARAT REGULATION OF UNAUTHORIZED DEVELOPMENT ACT which regularize such property with some flat penelty .Does this apply to flat in co operative housing society ?
Raj
(Querist) 09 June 2012
Sorry its GUJARAT REGULATION OF UNAUTHORIZED DEVELOPMENT ACT which regularize such property with some flat penalty .Does this apply to flat in co operative housing society ?
Shonee Kapoor
(Expert) 20 June 2012
You need to check with the local advocate.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj
(Querist) 21 June 2012
Gr8 .Thanks.
