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Dilipkumar (Retired)     04 July 2014

Resignation from society membership

In a flatowners' society , ( which was formed after the individuals purchased the flats from the builder) , it is understood that the ownership title remains with the flatowners , despite the society managing the daily affairs of the building . In case the flatowner wants to quit the society ( due to any personal reasons ) , can he do so and continue residing in the flat , without violating any rules , as long as he pays the maintenance charges regularly ? Can the society levy any other charges to him? Can the society evict him from the flat or stop providing the services to him ? Does the society have any lawful rights on his flat ? 



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 4 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     04 July 2014

You can surrender membership of the society and with that right to hold the flat will also lapse. The same flat can be allotted to somebody else hence please do not experiment you may lose your flat. It is wrong to assume that the ownership is with the purchaser, after society comes into being everything belongs theoretically to society.

Dilipkumar (Retired)     10 July 2014

I understand , in a flatowners' society , where each flatowner had bought the flat from the builder with a registered and stamp paid sale agreement , the ownership title will always remain with him and not with the society . The society can never own the flats . Pl. clarify on this point . Also , under what grounds and which law does the ownership title devolve to the society .

T. Kalaiselvan, Advocate (Advocate)     10 July 2014

Mr. Dilip Kumar:  The flat purchased under a registered sale deed by the purchaser from the vendor (builder or previous owner), will remain the property of purchaser only and will not become a property of the society.  What rights the society has over the the ownership of the flat. The society is the literal owner of the common place within the premises for which the title do not vest on any individual flat owner.  The flat owner, if decides to resign the membership, he may not be entitled tothe benefits of common amenities.  The society cannot disconnect the basic amenities namely electricity or water supply.  The flat owner may have to pay the maintenance charges for his utilisation.

Dilipkumar (Retired)     11 July 2014

The flatowner , at the time of purchase of the flat , had also purchased the right to use of common spaces , just as any other flatowner ( the cost of the flat purchase has covered this also) . So, how can the society to divest  him of his rights to use this , that is legally his ? As for the paying for the utility charges, he is bound to pay for these ( water , electricity , cleaning and normal repairs etc .) . If the society is the literal owner of the, does that make the flatowner an illegal occupant?


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