I took flat in resale from a owner in 2013 who was having IDBIBank. Society gave NOC and loan got transfered in my name from the same IDBI bank. Now when I can asking for share certificate , society is asking me possession letter of previous owner (registered agreement -OCT 2010) from Builder and harassing me to get the same from builder after 7 yrs. Property tax bill is still in previous own name with zero due visible on KDMC property tax website. Electricity bill was on previous owner name which I got transferred already in 2015 with help of Society and previous owner NOC. Society is giving absurd reason that since they do not know if anything is pending to pay to builder by previous owner they cannot allot and transfer share certificate. So far 7 yrs has gone and society has not received any demand letter from Builder , there is no demand letter or default of payment to the bank and no forfeit letter from bank to Society chairman. On KDMC property tax website -tax payment amount is zero as I paid online in previous owner name in meantime I have all applied to transfer the property tax record in my name . can society denied me share certificate as I do not have the possession letter which builder gave to my /First owner. Society was already formed before the sales agreement was executed and registered for the first time for this flat between first owner and builder. I am already getting monthly maintenance bill from society in my name. can society deny me shares if I am not having possession letter. I know that Possession letter does not have any legal authenticity. It best only help for income tax rebate claim and help to fix property tax collect date/year in case of any conflict from which year property tax has to be collected. Pls advice
No, you're not expected to procure and produce the possessed, being the second owner, having purchased the demand in resale.
In the light of the facts recited by you, the demand of the society is wholly unjust.
Send them a legal notice, asking them to forthwith issue the share certificate to you, which in any case is their duty, which has been running away from on one pretext or the other.
Best,
1) issue legal notice to society to transfer share certificate in your name
2) if society refuses file complaint before consumer forum and seek orders to direct society to issue share certificate in your name
3) also seek litigation costs and compensation for mental torture undergone by you
4) society cannot deny you share certificate if you don't ha e possession letter
1. I am sure you have purchased the flat through a registered deed of conveyance.
2. If that is so then no possession letter or permission from builder is required.
3. The society may be expecting some donation from you and hence its causing you disturbance in getting the noc.
4. Don't run after the society anymore and lodge complaint with registrar of society.
5. Here your dispute would be resolved for sure.
1. in this condition society cannot demand to produce possession letter of previous owner.
2.If the previous owner had fulfill all the requirements and got all the amenities in his name then it shall be presumed under section 114 of the evidence act that he received possession letter from the builder. Because without having the possession letter the previous owner could not get all these facilities.
3. you said that you have already getting monthly maintenance bill from the society in your name so it is group from the conduct of the society that you have taken possession about the property in lieu of possession letter of previous owner.
4. conduct of society is contradictory because in one hand it demands letter of position from previous owner and on the other hand issued maintenance bill in your name.
5.if society is registered under the society registration act then you should approach the High Court for issuing of writ of mandamus against the society to stop harassment and issue shares certificate.
Yes , my agreement is registered via paying proper stamp Duty and legal registration to government body. I have already said what you gentlemen are suggesting but they dont want to listen. 1) Have asked society how come previous owner name was there in society first register which was handed over to society register office with member name on it for society registration. 2) how come previous owner name is showing in KDMC property tax website. 3) how come owner has the electricity bill transfered to his name with Builder or Society NOC. 4) They showed me sample possession letter and guess what. It was addressed to site incharge to handover the key to XYZ person. laughable indeed. 5) why there is not a single demand letter from Builder if previous owner defaulted on payment after registration. 6) Why there is no cancellation letter of allotment if previous owner did pay the amount in full. As per society stupid chairmen, anyone can register the property and occupy the premises, change name in property tax, change name in electricity bill and builder will not raise any issue for 7 year!!
1) file complaint before consumer forum against society as advised earlier
2) in alternative complain to deputy register against society refusal to transfer share certificate in your name
As I advised earlier lodge complaint with the Regisstrar. He alone can adjudicate this dispute.
You can though apply for mutation with the KMDC with the title deed.
Hello,
It is advised that you file a complaint in the consumer forum.
In the alternative issue a legal notice to the society and send a complaint to the registrar against the society in relation to the refusal to grant the share certificate.
Regards
In my opinion you have a strong case, consult a local lawyer and file the case immediately.
Regards
The society is committing wrong and all these evidences are in your favour and on the basis of these evidence you can file a writ before the high court under article 226 of the Constitution for writ of mandamus. The high court through the writ of mandamus direct the society to issue share certificate in devoid of possession letter of previous owner.
The possession letter would be available with the previous owner, you can procure the same and produce it before the society.
You should arrange to transfer the property tax and other records to your name immediately.
The society cannot harass you in this manner especially if they have already started issuing the maintenance bills on your name.
You can issue a legal notice to the society if their demands are not in accordance with law.
Since you are a registered buyer and a member of the society, the society has to allot you the share that is entitled to you and you can very well claim the share certificate on the same basis.
The statement by the chairman of the society is illogical and absurd concept.
He is not prudent enough even in the general topics hence this kind of immature opinion from him.
You obtain the possession letter from the previous owner and produce the same before the society to satisfy the chairman of the society
You can issue a legal notice to the chairman for issuing the share certificate in your name on the basis of fulfilling the legal formalities in this regard and may even ask him to specify rule or bye law for demanding such illogical things.