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Society rule clarification

(Querist) 30 August 2013 This query is : Resolved 
Hello
I bought an under construction flat in Pune in a society in 2002 and took possession of the same in May 2003. The society was formed sometime later in 2003. Since i was out of station for most of the time, i could not apply for the membership of the society. however, i have paid all the society maintenance charges till date. I started living in the flat in 2008 and recently applied for the membership of the society. The application is pending with the society office. However, the person in the office told me that i cannot sell my flat for at least one year after becoming a member.
Is there any rule/law which says that i cannot sell my flat for one year. Also is the society right in taking the maintenance charges for all these years without making me a member? Would the fact that the collected the maintenance charges and provided all amenities for all these years mean that i was deemed to be a member of the society?

please advise.
ajay sethi (Expert) 31 August 2013
you have to make an application for membership of society . it is surprising that you have failed to obtain share certificate from society for 10 years . society is right that you cannot sell flat for a year after obtaining membership


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