Sale of unregistered apartment
Tapas
(Querist) 26 September 2015
This query is : Resolved
One of the members of our cooperative housing society in kolkata wants to sell his unregistered apartment. He is asking the cooperative to be a "confirming party" to this agreement between him and a buyer. The cooperative is refusing to validate what it thinks to be an excercise meant to deprive the govt of revenue. What is the legal position. What legal liabilities come on the cooperative if it finally agrees to this?
The member is refusing to get the apartment registered before the sale...to avoid paying registration cost for a flat which he would sell anyway. Please advise.
Anirudh
(Expert) 26 September 2015
In the first place, if the apartment was unregistered, how he claims ownership and how the Society is recognising him. Is he the original allottee?
Rajendra K Goyal
(Expert) 26 September 2015
The so called owner is not having clear marketable title over the unregistered flat in his favor.
Tapas
(Querist) 04 October 2015
Yes he is the original allottee from 1993 when it was not mandatory to register. The Society gave him ownership rights and shares by an indenture. He has done mutation too in his name
Anirudh
(Expert) 04 October 2015
Who allotted the apartment to the person in 1993?
Please indicate which provision says that the same was not required to be registered mandatorily.
