We purchased a property in Thane for our personal use. After we have made all our payments and submitted the membership transfer set to the society, they rejected it on the grounds that a lien / chanrge has been created against my property from sales tax department and we will not transfer the membership till the time we obtain a NOC.
(Father & son means the previous owners)
To detail, There were two flats one in father's name and oen in son's name. Father was running a business. He dafaulted in paying the sales tax and in lieu a notice was issued to the society not to carry out or allow any transaction on the properties that belong to father or his company, or partner or any relative who holds the charge. Here the notice do not specify the flat number.
The son at that time was working in a different firm and he bought the house with his own income. His income tax filling reflects the inceom enough to buy the flat. I bought the flat from the son with clear title. Now the society memebers are objecting to transfer the flat in my name. They are demanding for an NOC from sales tax.
When I contacted sales tax, they say we do not hold any charge and since we have no relationship with the son's property we cannot give any NOC.
Q.1) In this case please let me know how should I proceed further towards resolving my issue?
Q.2) Since the maintenance and all society expenses are paid by me, Can I hold demmed membership under Maharashtra CHS Act and am I legally in a position to attend AGM of the society?
Thanks & Regards
Bala Subramanian
