legal status of Society Flats in Delhi
Querist :
Anonymous
(Querist) 30 May 2010
This query is : Resolved
One Mr Raj was allottled a flat at Sarvapriya Appartments , Sarvapriya Vihar New Delhi in 1985 .Land belongs to DDA and is on lease to Society .While the building was still in construction , He took some money from my wife , on loan , to pay the instalments of the builder. He took possession of the Flat and stayed in the same for more than three years approx. Being unable to pay the loan he entered into an agreement for sale to sell the Flat to my wife. No formal sales agreement has been executed.A notorised power of attorney was given by him to the husband i.e.me.Based on this MCD is issuing the bills in the name of my wife which is paid regularly. Electrical connection and phone connection is in name of my wife.
The Society has been billing the maintenance charges to my wife which are paid , although they have kept my membership of the Society in abeyance.
I had a parking place , which was forefully taken over by Capt.Mohendra , claiming to be a member of the Managing Committe.His plea was , since you are not staying in the flat permanently , we have allotted it to residents who have more than one car.On my visits to Delhi , I am greately inconvinced .
Recenty , I wanted to install split airconditioners on my balcony sub-roof , to which he objected and did not allow .
My wife died leaving a will and giving the flat to my daugher.I have sent the death certificate including will and no objection from other heirs for transfter of flat to my daughter.
With detoriating relations , he is now challenging my ownership .
Please clarify
a) can a managing committee of the Society take away the rights of car parking , indicating , only permanent residents can park car , and that too more than one ??
b) Can the Managing Committee make rules to stop me from installing the split airconditioners on my sub-roof of the balcony ?
c) Since the flat is on leased DDA land , is registration of sale compulsory ?? Is the title to Flat in question ? If NO , what are the remedies ?? What are legal means to get the sale deed perfect , if the seller who has given power of attorney , and who is alive , dies in due course??
d) Based on agreement to sell and possession certificate , is it obligatory for the Society to make me a member ??
Any other suggestions ?
Best regards
D Chaudhry
Raj Kumar Makkad
(Expert) 30 May 2010
Neither you can be prevented to install the air conditioner as you described nor your parking space can be allotted to some other person in the given circumstances. This is all discrimination with you. You may approach to the civil court for this purpose. Serve a legal notice to the office bearers of the society.
So far as the registration of sale-deed etc. is concerned, it shall be better to observe the other residents of the society. If they have got the deed executed then you should also come in the same door.
Daksh
(Expert) 01 June 2010
Dear Mr.Chaudhry,
As it is evident from your post under reply you have admittedly because of one reason or other has not become member of the society because of which reason you cannot enforce your right as such.
Best Regards
Daksh
