• Membership of Society AOP

I have sold my house, and without NOC of society AOP the registration has been done to buyer. Now even after 2 months, the buyer is not paying membership fee(deposit) to owners association(registered under Gujarat Ownership Flat Act, 1973). As per bye laws, till new member does not pay deposit, seller can not get refund of his membership deposit. What legal action can help me to enforce the buyer to pay deposit to Owners Association? Please guide me to get my membership deposit refund. I admit that I have handed over the possession after registration of property in good faith, that buyer will comply the procedure, but now he is not responding to me as in sales document, it is mentioned to become member of AOP but no time limit is given.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

1. Ideally you should have added the deposit amount held with the AOP, to the sale price and taken that from your buyer

2. going to court is not advisable as the expenses will be greater than the deposit amount

3. for now have a legal notice issued to your buyer with a copy marked to the AOP

4. have you handed all the original title documents to the buyer? if not then you can retain them until he pays up. You can exercise a lien on the title deed for your unpaid dues

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

Dear Client,

You can enforce him by filling suit of specific performance.

Deposit how much ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

issue legal notice to buyer to pay the membership fee of the association so that your money can be refunded

2) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

1. You should not be worried since the membership shall remain your name, till the new-purchaser submits proper documents to the Association /Society. NEXT time do not do anything in Good Faith, more specifically in Property /Money transactions.

2. Serve a Legal Notice to the Society /Association, THAT membership should not be transferred to the new-purchaser, till your refund is effected and proper documentation with your signature is given to the Society /Association.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

when you say you have given the legal papers to buyer - do you mean you have given original sale document signed between you and buyer OR the sale agreement by which you purchased this property?

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

If you have the original title deed signed between your seller and you, then retain that with you until your buyer pays the deposit to society as agreed in the sale agreement with you

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

Hello,

Send a legal notice to him and thereafter if he does not make the payment then lodge a FIR against him for criminal misappropriation.

Immediately send a legal notice to him.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

If you have some written contract or Mou with this regard you can compel him for specific performance. You can also write to the said association to initiate action against him for non payment. You can also initiate a civil suit for the same

Prashant Nayak
Advocate, Mumbai
28103 Answers
93 Consultations

4.4 on 5.0

It is for the society to collect the money from the members and you cannot demand the buyer to pay the deposit amount.

The society will take action against the defaulting members as per law.

You demand the refund of deposit after completing the formalities with the society.

If they don't return it then you can plan to resort to legal action as per law for recovery of deposit amount.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

Firslty, you yourself have made a fault by not taking NOC.

Secondly, when there is nothing in the agreement then you can’t force him to pay.

Thirdly, but still there is a help for you as he would have to pay to the society as all have been doing so.

Fourthly, I advice you to ask the society to ask him to pay the same, and wait.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Thanks for your good ratings to me over Kanoon.

Actually, there can be a way out to tackle the problem, but may be a little bit of time consuming.

Rest you can consult me through Kanoon for further more detail clarification.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Hi

Just send the legal notice to the society as well as the buyer.

To the society you can ask the society for the refund of your money.

To the buyer to register with the society as a member. If you have not handed over the original documents of the property then tell the buyer to first register so that your dues can be cleared by the society.

Ritu Gaur
Advocate, Delhi
35 Answers

5.0 on 5.0

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