• Membership in society

Sir, i have purchased a flat from seller before society formation. All documentations are ok. But by mistake builder sent tbe old owners name to newly formed society. Builder has sent email to society clarifying about that i am the new owner and builder has also sent NOC copy but still society is not changing the name and asking me to submit fresh share transfer charge and share transfer forms. Pls guide. Should i lodge complaint to DDR?
Asked 6 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

Dear Client

It is not the mistake of society that your name is not reflected in the share certificate so they are following the correct procedure for transfer of share on your name.

Here you should ask builder to pay for his mistake and ask him to pay the transfer chargers which you have to bear because of his mistake. 

And if not you can file a complaint against builder in consumer forum.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can lodge complaint to dy registrar of coop societies or consumer court for the same

Prashant Nayak
Advocate, Mumbai
34649 Answers
249 Consultations

You are not required to submit fresh share transfer forms and pay transfer charges as flat was sold to you prior to formation of society 

 

Lodge complain against society for refusal to change name in share certificate 

Ajay Sethi
Advocate, Mumbai
99962 Answers
8158 Consultations

Need to know when society was formed before or after you have purchased the flat?

If society is formed and registered with registrar under MCS Act and than you have purchased flat.

One needs to pay transfer certificate as builder also treated as members.

Kindly provide all details like builder completion certificate, building handover to society, society registration, your sale deed registration date.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sir fresh transfer change application is not required as you purchased flat prior to formation and on formation you were members like others. 

So if they refuse to change the name complaint before the registrar society or you can also file a consumer complaint against the society.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A written complaint in person should be filed and the registrar should also be informed about this mishap.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes, society is idiot and if any charge payable than registration charge at sub registrar office for transfer of ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

approach before the registrar of society, no need to submit fresh share transfer charges. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Hello, 

this is illegal and arbitrary.

Send a legal notice to them and if they do not rectify then approach the DDR. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You apply for it in writing and ask them to give the refusal in writing with the reasons they would like to mention for rejecting your application for membership.

After that you can plan legal action as per rules against the association/society.

T Kalaiselvan
Advocate, Vellore
90163 Answers
2505 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer