Transfer of share certificate on my name

Querist : Anonymous (Querist) 11 August 2011 This query is : Resolved
1. I PURCHASED A FLAT (RESALE) AT MUMBAI, 1 YEAR BACK THROUGH REGISTERED SALE DEED. IN ACCORDANCE WITH THE SALE DEED, I HAVE MADE ALL THE PAYMENTS. I WAS GIVEN NOC AND NO DUES FROM SOCIETY SECRETARY AT TIME OF PURCHASE.
2. I HAVE ALSO PAID THE SOCIETY TRANSFER CHARGES, MAINTENANCE CHARGES ETC AS APPLICABLE TILL DATE. HOWEVER THE PERSON FROM WHOM I HAD PURCHASED THE FLAT HAS NOT GIVEN ME ANY POSSESSION LETTER.
3. NOW THE SOCIETY (CHS)SECRETARY SAYS THAT THE SHARE CERTIFICATE CAN NOT BE TRANSFERRED ON MY NAME SINCE I DO NOT HAVE THE POSSESSION LETTER FROM ORIGINAL OWNER.
4. PLEASE ADVISE HOW THE SHARE CERTIFICATE CAN BE TRANSFERRED ON MY NAME AND WHAT I SHOULD DO AT THIS STAGE.
5. I HAVE (A) RECEIPTS FOR PAYMENT OF ALL SOCIETY DUES, (B) HAVE REGISTERED SALE DEED ON MY NAME, (C) PAID UP THE TRANSFER CHARGES AND (D) HAVE BEEN GIVEN THE NOC AND NI DUES AT THE TIME OF PURCHASE BY SOCIETY SECRETARY. (SOCIETY SECRETARY ALSO WAS THE BROKER DURING THE FLAT PURCHASE). I SHALL BE OBLIGED.

THANKS

REGARDS

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ajay sethi (Expert) 11 August 2011
you can request the seller to give you the posession letter . are you in posession of the flat premises?
has the society in managing committee meeting approved transfer?
has the AGM approved it ?

Querist : Anonymous (Querist) 12 August 2011
1. I ALREADY HAVE THE FLAT POSSESSION FOR LAST ONE AND A HALF YEARS. I HAVE PRESENTLY GIVEN IT ON RENT UNDER LEAVE AND LICENSE AGREEMENT.
2. THE SECRETARY OF THE CHS HAD GIVEN NOC AND NO DUES LETTER AT THE TIME OF MY EXECUTING THE SALES DEED.
3. THE SELLER IS NOT SIGNING THE POSSESSION LETTER AT THIS STAGE BUT ALL DUES HAVE BEEN PAID TO HIM AS PER THE REGISTERED SALES DEED.
4. CAN THE CHS SECRETARY REFUSE TO TRANSFER THE SHARE CERTIFICATE ON MY NAME AT THIS STAGE FOR WANT OF POSSESSION LETTER FROM ORIGINAL SELLER OF FLAT. I HAVE PAID ALL SOCIETY DUES AND TRANSFER CHARGES ALSO T(HROUGH CHEQUE PAYMENT). WHAT SHOULD BE DONE AT THIS STAGE TO GET THE SHARE CERTIFICATE TRANSFERRED ON MY NAME. PL. ADVISE.

ajay sethi (Expert) 12 August 2011
you have not answered my question was it placed before the managing committee /AGM ?has official intimation beeen given by secretary refusing to transfer

Querist : Anonymous (Querist) 12 August 2011
NO SIR, SO FAR THE SECRETARY HAS ONLY TOLD ME VERBALLY. ALSO HE HAS NOT PLACED THE ISSUE BEFORE AGM SO FAR. WHAT IS THE LEGAL LOCUS STANDI IN SUCH A CASE?

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