Related to co.op.housing soc.

Mahesh (Querist) 17 May 2012 This query is : Resolved
We have co.op.Housing soc. in Surat registered in 1999, 20 Shops are also outside premises reg. under same society. Following queries I hv.
1) Shop keepers are selling the shops without taking any kind of NOC from bldg./ they are also not getting share certi. transferred on their name nor paying transfer fees, can we take legal actions against them on all above 3 points.
2) As per builders documents there are certain business are not permissible by shop keepers, still,they are doing so, is there any legal action possible on the basis of builders document
3) Can Municipal Corporation issue "Shoppers Licence" to carry out business without Society's permission ?

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M V Gupta (Expert) 17 May 2012
1. The sales effected buy the shop keepers without permission of the Society is not valid. your Society may issue notices to the purchasers and the transferors to get the transfer regularized by complying with the bye laws of the Society. If they fail to comply the Society may evict the transferees from the premises and also impose penalties on the transferees with approval of the General body as tress passers.
2. You may have to file actin in the coop court and obtain prohibitory orders against the shop owners who are carrying on such businesses.
3. Yes. If the Shop owners have furnished evidence of their ownership of the shop. You may however take up the matter with Municipality and take further action in the light of their response