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Kantilal (not yet)     25 July 2010

Transfer of residential aparment

 

I have purchased a flat from bank auction in Mumbai. Bank has issued Sale Certificate to me which is now duly stamped and registered to Registrar.

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The previous owner of the flat is absconder. Bank has auctioned the flat due to non re-payment of the loan.

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Now society is asking the host of documents from bank relating mortgage by previous owner and bank refuses to give the same giving reason that third party documents they can not give to anybody.

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The share certificates issued by the society to previous owner is also not traceable.

So what should I do to become a member of the society, as they r refusing to allowing me to become member on want of documents??

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Currently I am staying the same flat.

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If any one can please help me out.

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Thanks in advance



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 July 2010

Society is no way concerned to the documents of the previous owner. By virtue of auction sale you are the absolute owner of the flat. You file an application for the fresh membership.
1 Like

Kantilal (not yet)     25 July 2010

Thank Rajeev Sir,

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But society is refusing to give share certificate to me saying that they need to have share certificate issued to the previous owner, which not traceable at all.

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So is there any provision in CHS Act whreby society can issue me a fresh certificate cancelling the previous one?

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They are just harrasing me like anything.

Plz reply. Thank u.

Kamlesh (Not yet)     25 July 2010

Hello Mr. Kantilal

 

me also having the same problem. I am staying in Bhandup, in Mumbai. Kindly provide me your contact no. we can have solution together

Kantilal (not yet)     25 July 2010

Dear Kamlesh thanks for your suggestion, but it is better we can communicate via lawyersclub only. 

Shaikh Aqueel R. (Advocate)     28 July 2010

Dear Rajiv,

It is duty of the every seller to give tile clear property to the buyer. In your case bank is the seller hence itis duty of the bank, to provide you all the papers of the flat.

As you mentioned above that the agreement is registered. But in maharashtra it is necessary to obtain  NOC and resolution from concern society that the society is ready to give you membership before registration of the agreement.

If share certificates traceable, then society have power to issue duplicate certificate.

Kantilal (not yet)     28 July 2010

Dear Mr. Shaikh,

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If you can just provide the exact provision of the Act, I will be thankful to you.

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Thanks


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