• Club membership

We are second owners of a flat, in a society. Until now, we had access to all facilities in the premises including the club house , for which we were classifoed under tenants and charged double the fee agaisnt what owners were paying. We were ok with that.
The builder has now made a new club house, and now denies all second owners access , unless we pay a club transfer fee of 1lac +gst to him. 
The old club has also been shut down. So in effect we have access to no amenities at all, due to being second owners, inspite of being members of the society.
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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10 Answers

What were the terms and conditions of membership of club betweenbuilder and flat owners ?

2)sale deed between builder and original purchaser would contain a clause that on sale of flat club membership would be transferred on payment of x charges

3) you have to pay transfer charges for use of club

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

1.By second owner I believe you mean to say you have purchased the flat from the original seller.

2.If that is so then when your purchased the flat of the original flat owner was entitled to club house as per regular fees then you ahs under no obligation to higher fees.

3.Similarly of the original owners are entitled to new club house without any payment of transfer fees then the same rule is applicable to you also.

4.Do note that once you have purchased a proeprty from another you step into the shoes to the original owner and you are entitled to all the rights and facilities which the original owner was entitled to then you are not liable to any extra payment.

5.So if the builder refuses to transfer the club house without extra fees you may consider filing case beofre the consume forum to seek necessary remedy.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
390 Consultations

5.0 on 5.0

Owners cannot be termed as tenants. Builder should have formed society and handed over charge. There should be justification to demand additional payment. Earlier amounts paid should be accounted for. If not, you can approach consumer forum.

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

4.4 on 5.0

Hi, you can approach consumer forum and file a complaint against the builder , since it is prejudice to the second owners ..

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
65 Consultations

4.9 on 5.0

1) If it is a society, so where is the question of Builder and how Builder be taking possession of society area, once it is handed over to society.

2) Elaborate two points whether the property is still under Builder's possession or the property belongs to registered society?

3) If Property is in Builder's possession than you have to obey as per sale agreement.

4) If Property is in Registered Society's possession than you have to check societies rules and regulations for joining as new member of club house.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

Please see the agreement if the club house membership as the first owner must have paid the club charges.

The builders do these tricks to catch money but he is not authorized to do so if the initial agreement provides.

Please file a case in the consumer forum as the rights are transferred along with the property and there is no difference in first or second owner and no one can deprive you from the facility ifit is in the original sale.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

you should take legal action against him, If second owner means the current owner and the previous owner has paid for the amenities and the rights were transferred to the current one

the builder cannot show any difference and all the charge and treatment has to be equal if there is a society administration under MCS act 1960

Thresiamma G. Mathew
Advocate, Mumbai
1629 Answers
207 Consultations

5.0 on 5.0

On what basis such restrictions are imposed?

If it is based on agreement, then the agreement is per se arbitrary and invalid having regard to the undue restrictions imposed.

If it is only one or two, then the proper course is to approach the association, if the association turns deaf ear, then file a complaint before the consumer forum after causing notice to builder.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

The builder is the authority to decide about this.

If there is a registered society then that body can resolve this matter in a general or special meeting by a discussion and passing of resolution.

The builder cannot interfere in your rights.

You may ask the first owner to interfere and try to get you the desired relief.

Alternately you can opt for legal steps by issuing a legal notice to the builder questioning his authority on such unjustified decisions or acts

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Hello,

The said differentiation is not valid in the eyes of law.

Send a legal notice to the builder and then move to the consumer forum in relation to the issue faced by you.

Regards

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

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