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Queries Participated

Sh@ktiiiiii   12 December 2014 at 15:48

Transfer of flat being oppsed by members of society

I had purchased a flat in Andheri from Builder directly after the formation of society.(It was builder's unsold flat)

Sale deed was registered and all transaction has been through.We have OC copy, Registered sale deed and posession letter.We are currently staying in the said flat.

However Society has refused to transfer the flat in our name as it has to settle some scores with the builder. Builder had taken advance maintenance from few people and have not returned them . Builder says he to get dues from other people of the society and hence there has to be full settlement. This settlement of funds from builder and society is going on since last 2 yrs. Society people are frustrated with it and they are now opposing transfer of our flat into society and they ask us to put pressure on the builder to clear settlements so that we transfer your flat to society.

My question:
It this fair at all?

Are we (buyers) at any kind of fault here?
Why we have to suffer for issues builder has with society and its members?
Is there any law which stops us from getting the flat transferred into society?
Can this be opposed at all?
Isn't it that unsold flat purchased directly from Builder after formation of society becomes part of soc. after paying the charges?

Please provide some advice as the settlement with builder might go on for years or decades to come. Society people are not interested in transferring property as they want builder to clear the dues.

Notes
a: We were provided NOC by the society (No dues certificate) while purchasing the flat.
b: They do not allow us to put the name plate at the entrance of the building.
c: We are 1st buyers of the said flat