Querist :
Anonymous
(Querist) 13 December 2011
This query is : Resolved
I have purchased a flat in a registered society. The seller have have executed documents and have also registered the Sale Agreement. However by oversight i have forgotten to taken signatures in prescribed form addressed to society for transfer of his right and shares in my name. Now the seller is not cooperating. Please advise the procedure as what can be done now for transfer of share certificate and right in the property in my name. I have produced a photocopy of my Registered Agreement of Sale to the Society, however, the Society is insisting me to get the signature of the Seller on the prescribed forms for transfer of shares. Now, Seller is not signing on any documents for such transfer in my name. Please advise whether the Society can transfer the shares in my name on the basis of Registered Sale Deed which contains the clause on sale of Property alongwith Shares held by the Sellers.
ajay sethi
(Expert) 13 December 2011
the society is justified in asking you to fill in the prescribed forms for transfer of shares . these are essential documents for transfer of shares by the society . in absence of such documents society wont transfer the shares .
issue legal notice to seller as under agreement he is duty bound to cooperate witht he purchaser for transfer of flat in the buyer name
Raj Kumar Makkad
(Expert) 13 December 2011
You serve a legal notice with copy to society followed by a civil suit for injunction vide which the relief against the defendant (seller) should be obtained as desired.
prabhakar singh
(Expert) 14 December 2011
agree with experts.
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