Society is not transferring flat in my name
Viresh
(Querist) 12 August 2013
This query is : Resolved
Dear Madam / Sir,
I have purchased a property in Goregaon west Mumbai in the month of Jan 2013. I have paid the stamp duty, registration, society transfer fees. I have also submitted all documents in the society.
they have not transferred the flat in my name in the AGM 2013.
I have made basic interior repairs for which letter was submitted to the society.
The Problem which society is claiming is i have put 2 split A/c in my flat and its outdoor unit. My flat is on the 4th floor and there is a additional terrace adjustment to my flat. there is a common wall between my flat and the terrace. The out door unit is kept on the upper side of the common wall.
the society claims that i cannot put the A/c out door there. Please confirm if legally i am right or the society. I have verbally informed the secretary and the chairman is my neighbor. he has seen me putting the A/C. it was done in the Month of March 2013. Today they have this objection.
Please guide me... this is my first property purchase and i have a home loan..
Dr. Jyothi Vishwanath
(Expert) 12 August 2013
Look at any agreement if you have with the society. Is there any clause regarding such objection. Find it out.
Raj Kumar Makkad
(Expert) 13 August 2013
The society is right in its approach. You cannot put your AC outside of common wall though transfer cannot be denied to you on that ground. A separate fine etc. can be got imposed and you can be forced to remove that AC.
Rajendra K Goyal
(Expert) 13 August 2013
Go through the bye laws and agreement of the society and the flat and if any thing available in support of society you have to settle. The society can not refuse transfer on this ground.
ajay sethi
(Expert) 13 August 2013
complain to the registrar if society has not transferred flat in your name . has the society communicated reasons in writing for non transfer?
ajay sethi
(Expert) 13 August 2013
merely because you have placed split Ac unit outdoor unit outside your flat is no ground for rejection of transfer
V R SHROFF
(Expert) 13 August 2013
Slip Units are lakhs in number.UIsed in Co-op Societies everywhere.
Its are meant to be kept outside.
Unless it disturb another member, why society should not co-operate using Split AC to it's very member, who can live more comfortably c Split AC.??
Why Soc MC adamant , unless a very Valid justifiable reason, with alternatives, of side wall/ location.
Viresh
(Querist) 16 August 2013
Dear All experts,
Many thanks for your reply and i agree to you all. But society Secretary has no answer and no valid point. he is just sticking to the Point that he will not transfer the flat if the A/C outdoor unit is not removed.
It is no way troubling any other member and no one has any problem to my knowledge.
The problem is i have a loan and he is also telling that i will write it to the Bank as well that we will not transfer the flat.
Regards
Viresh
Dr. Jyothi Vishwanath
(Expert) 24 August 2013
Do one thing. Remove the out door unit. Get the flat transferred in your name. Later you fix the unit again
