Flat transfer

Querist : Anonymous (Querist) 20 November 2011 This query is : Resolved
The society in where i reside contains a flat which was sold by the tenant to a new party a few years back. This was being sold to the other party without even giving a prior notice to the society and also the purchaser didnt get a N.O.C from the society for the same. No transfer fees are also being paid to the society and the shares being in society records still in favour of original owner. Now the society being going into redevelopment is it possible for the developer to demolish the premises of that particular owner without getting the consent of the society. Also can you guide us as to what all legal action can be taken against the new purchaser who still has lacs of amount to be paid to the society to get the flat transferred into his name. Thanks in advance

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ajay sethi (Expert) 20 November 2011
as far as scoiety is concerned the old owner is the member of society . an application for transfer has to be made by seller and purchaser to society . transfer charges paid then only society admits the new owner as member .

the society ought to have initiated recovery proceedings against old owner for recovery of maintnance dues . the society can go in for recovery procedure under section 101 of MCS act

Rajeev Kumar (Expert) 20 November 2011
I agree with sethi

Querist : Anonymous (Querist) 20 November 2011
Surely agree but does the new owner enjoys the right for being the legal owner of the society. under what sections can the new sued and for what reasons.

prabhakar singh (Expert) 21 November 2011
yes, i do agree experts query reply

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