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Society transfer

(Querist) 18 March 2012 This query is : Resolved 
Hi All,
I have bought residential flat in Thane 3 years back i am the fourth owner of the flat. The society transfer
was not done for all three previous owner. I have paid transfer fess for my self and my owner (two),now society demanding balance two transfer fees from me also some dues of my previous owner as repair fund amounting to INR 15000 although i have society NOC which i have taken for bank loan

please advice can society hold my society transfer. Aslo advice do i liable for two registration fees & pending repair fund as i am having society NOC
V R SHROFF (Expert) 18 March 2012
you can claim it from previous owners. It was duty of seller to complete the previous trf & dues till date of ur purchase.
Soc accommodated u for for NOC FOR UR bank loan, if they refused, where u stand ??
Naresh Solanki (Querist) 18 March 2012
Prevoius owner is not treceble now, so what ia the remedy available with me apart from paying dues.
V R SHROFF (Expert) 18 March 2012
very true : pay
Naresh Solanki (Querist) 18 March 2012
thanks for advice but i dont want to pay someone else due
Advocate M.Bhadra (Expert) 18 March 2012
You have no liabilities for previous dues to society,it is very difficult to realized the dues from the previous owner/seller.
Naresh Solanki (Querist) 18 March 2012
I am ready to pay repair fund but not pending transfer fees i that case what legal thing i can do againts socoety
V R SHROFF (Expert) 18 March 2012
Mr.Bhadrea,
if he do not pay previous due, and Society refuse to transfer, what remedy he have??
Will Registrar or co-op court or civil court direct Society to transfer w/o previous dues???
Raj Kumar Makkad (Expert) 18 March 2012
You cannot seek transfer in your name unless you clear entire arrears of the society whom so ever was liable to pay concerned with your property. It was your duty to have due enquiry from the office of the society about the pendancy of the arrears and adjust the same from your seller. The society is not responsible for your lapse to trace out your seller.
Naresh Solanki (Querist) 19 March 2012
In that case society shoud't have to issue NOC until & unless all pass dues are clear
Naresh Solanki (Querist) 19 March 2012
Friends i want to take this matter to co-operative court could you please assist me co-op court for Bhyander (Thane) region


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