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PRATIMA (secretary)     27 April 2015

Leave and license

we r registered society. recently one flat was sold. new purchaser has given related documents to society except share certifiate.. property is purchased by him thru loan. he says share certi is lying with bank. n that is in old members name. can bank give loan if share certi if not transfered in name whom loan is given? plus still share certi is not transfered in new members name and new member wants to give his flat to his friend for use. can society permit such members to enter into society? society requested him first get your flat fully transfered in your name then u give in leave n lic. or care taker.. but they don want to wait for shares to b trnasfered. in books of accouts the owner of property is old member only. can he do such thing n what society should take action in this matter. pl advice



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 1 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     27 April 2015

Following is suggested: 1) old member has to take Soc NOC for sale 2) If loan is taken by old member it has to be cleared n letywr to that effect o tained before sale to new one 3) if flat is sold all transfer formalities r to be completed 4) indemnity has to be given by both if old loan is transferred in new purchase's name 5) lastly allowing third person on LL is permissible if police NOC is obtained n non-occopany charges r paid by flat owner as per bye laws. Pl.keep yourself safe being office bearer. I am receiving more problems in flat transfers.Hope satisfied.If further consultation required contact 9869400938 or jeevansci@yahoo.com. Advocate for Housing society Consultation

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