Objecting deemed conveyance as socierty is not issueing share certificate to the flat owner
Rakesh Kumar
(Querist) 05 April 2016
This query is : Resolved
Below is the scenario:
Builder/Promoter: ABC Builder
Land owner: XYZ Family
Builder's Daughter Name: LEELA
Builder XYZ had reserved one flat for the land owner in the building constructed. After completion Society is formed with that flat shown as unsold. Few years later Builder Gifted the flat to his daughter (proper Registered Gift deed is done with stamp duty paid). After three years he obtains release rights with registered "Release deed" from the land owners for that flat. Builder is now passed away. So Daughter is now requesting society to issue share certificate on her name so that maintenance bill comes on her name as it is showing "landlord" on it now. Society is not issuing share certificate and raising a query saying Builder Gifted the flat before obtaining the release rights. He cannot do that. Secondly asking they need "no claim" and affidavit from all siblings on the flat, which I think not applicable in case of registered gift deed.
Question 1: Are the societies' excuses valid and what needs to be done to be become member in this cases? Can I submit a fresh application for membership and can they reject it?
Question 2: Society has put in application for Deemed Conveyance. Society might have shown that flat as unsold. Since it is registered (with stamp duty paid). Can they show it as unsold? Can daughter challenged the "Deemed conveyance" saying she has no been made member and there is dispute? How it will help?
Question 3: The hearing on the Deemed conveyance application is on 15 April. Does she have to put in her objection before this date or she can challenged it later?
Real issue is society is not making her member and asking to provide information on affidavit from all the heirs. They are verbally saying after deemed convenience hearing i.e. after 15tha april they will ask their lawyer and take it further. It's feels like they have some hidden agenda and not willing to make her member. They are thinking if she raises object against deemed conveyance on the hearing day it will get delayed. Please suggest, should she raise the objection saying there is flat in the society for which no share certificate is no share certificate issued by the society?
Besides this society is saying builder cannot gift a flat reserved and later obtain release rights from the land owners. So you need to registered new gift deed with no objection from all the heirs of builder. Is this a valid claim?
Thirdly, She is thinking of raising objection against "Deemed conveyance". Should she go ahead and put the objection against it on 15th April?
If she doesn't do it on hearing day i.e. 7th April, can "Deemed conveyance" can be challenged after that?
Guest
(Expert) 18 April 2016
Please confirm City /District and State
