Refusal of housing society to transfer shares
I purchased a 2BHK flat in andheri. This flat is is made of two units (1BHK and 1RK) by a previous owners. There are two agreements, two maintenance receipts, two electricity bills. I had to take a loan to purchase this flat hence on both agreements first name is mine. The society refused to transfer the flat in my stating that since both the agreements are in my name as first owner, there will be only one vote instead of the two votes. Sir, kindly let me know whether society can refuse to transfer shares on this basis. If yes what is the solution to this problem.
Asked in Property Law from Mumbai, Maharashtra
1. This arrangement of buying a flat made in two units is not understood,
2. Is it one flat? Have you executed & registered one sale deed?
3. Please note if these are two flats in documents/papers, then you can not buy two flats in the same Society,
4. If one flat is the ennexe of another, then you own one flat only having one voting right in the society meetings.
1. Was the flat registered as a single unit? Agreement precedes the sale deed. Two agreements or two maintenance receipts do not make the property two separate units.
2. The bye law of the society normally restrict buying two flats in the society.
3. Voting right will flow out of the number of units held. If these are two separate flats then you may claim two votes, else only vote is available to you.
1)society is justified in its approach .
2) you can have only one flat in society .
3) you need prior permission from society for purchasing 2 flats .
4) one flat can be purchased in your name and second flat in your wife name .
A. You are not entitled to claim two votes on the basis of isolating the one flat as two parts. And you may have two electricity bill, maintenance, as per flat requirement.
B. In case you have purchased the two flats which is clinch in the approved plan, then only you will have two votes on two units.