1. It was absolutely illegal to issue Share Certificate in name of Builder, "IF" the Index-II (Registered Title Ownership document) was in the name of the Land-Lord. The Society shall give proper Notice to Builder to produce his Index-II and IF builders does not produce then simply publish Newspaper notice and cancel the said Share Certificates.

2. AFTER above, Society has to mandatorily issue new "ORIGINAL" Share Certificate to LandLord, AFTER verifying the original deed alongwith Index-II.

3. Society can initiate Recovery of outstanding dues of members under the provision of section 101 of the MCS Act, by following proper procedure of law.

Keep Smiling .... Hemant Agarwal

1) inform landowner to produce original share certificate for transfer

2) duplicate share certificate are issued only when originals are lost

3) public notice has to be osssued for loss of originals then only duplicate share certificate are issued

Society should issue legal notice to member to pay society dues

2) if he fails to pay pass resolution in MC to take recovery proceedings against member

3) society should take summary recovery proceedings against defaulter under section 101 of MCS act

If you are secretary or the office bearer of the executive committee, you should know what your memorandum of association says about this. It will be clearly given what is to be done against such defaulters in the event of they not paying the maintenance amount. Disconnecting electricity connection and water supply will be equal to denying heir rights to basic amenities, it is illegal, unlawful and can be considered as an offence in the criminal law too, so better to proceed as per due course of law in this aspect.

Firslty, as per the information stated in the present query, makes it clear that the buyer has been facing problem due to the omission of act by the land owner.

Secondly, yes, society may give the duplicate to the new owner subject to the condition that society firslty satisfy itself about the prior certificate existence.

Thirdly, the person who has not been maintenance for too long, should be disallowed to enjoy the benefits of the services provided by the society.

Sir the share certificate cannot be issued to builder it has to be issued to flat owners and further duplicate is issued when the share certificate is lost.

Society can give a legal notice further and can file a recovery suit under cooperative society act.

The share certificate issued to the Builder by the society is invalid as the property was not belong to the builder.

The society can issue a notice to the Builder revoking the share certificate and issue new certificate to the property owners.

All the members of the society add required to pay their cam charges regularly and in case of default the society can start recovery process against them and remove the name from the list of members for the election purposes society is empowered by its by-laws to stop all the services to these apartments who are in default and can prohihit the use of common facilities provided by the society

1. noc of society is not required for sale of flat in society building

2. builder allots flats to owner in lieu of the owner submitting his land to builder for redevelopment

3. therefore owner does not need permission of builder to sell the flats coming to owner's share

4. builder should have been given share certificate by society only for the builder's share of flats which have remained unsold

5. society should not have issued share certificate in name of builder for the flats which builder had allotted to owner as part of his share

6. so society will have to amend the share certificate issued to builder for the flats which did not come to share of builder in new building

7. so plz revoke such certificates from the builder and issue fresh certificate with owner's name and name of his transferee

This is my response to you:

1. Your query is not complete;

2. Please elaborate further on the same in a stepwise manner;

3. By the bare perusal of facts it seems that, the landowner has acted wrongly and he needs permission of society;

4. Send him a legal notice;

5. You can send also send a legal notice to the person not paying maintenance;

6. Consult a local lawyer and take steps.

A member in society is not paying his maintenance charges from last 2 years. What action should be taken for recovery?

Send a notice for recovery.

if he does not pay then cancel his membership and file an eviction suit.

Regards

The society has to confirm from the builder and should direct the builder to hand over the share certificate pertaining the owner's flats or to face consequences.

Then the society can make an endorsement as 'invalid' against the list of properties in respect of the original share certificate held by the builder and can issue duplicate share certificate by making an endorsement sating that duplicate share certificate issued.

A member in society is not paying his maintenance charges from last 2 years. What action should be taken for recovery?

The society can take action against the defaulting member as per the provisions of the bye law, verify the same and proceed