• Share certificate withheld - sale issues

-chairman and secretary transferred chairmans flat by filing nominee after owners death -no probate given. Further due to excess dues paid by us before redevelopment werent adjusted and hence we dont pay mainenance till accounts are provided. chairman and secretary refused to giv accounts and held on to positions for 12 + years - no election. New chairman and secretary are saying take share certifciate from old office bearers. police isnt helping and old chariman is saying forego excess paid or forget share certificate. 

what are options to immediately get share certificate. ?

can we file legal proceedings to recover dues and damages from encumbrance of our property from old chairman and secretary ?
Asked 4 days ago in Property Law
Religion: Hindu

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7 Answers

File complaint against society before cooperative court or consumer forum and seek orders to direct society to furnish share certificate 

 

also seek orders to direct society to adjust excess money paid against society maintenance bills 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

you first issue a legal notice demanding the old dues and also share certificate from the chairman/secretary of the association.

Let  them give a reply complying with the demand made or refuse to comply, you may approach either consumer court or cooperative court with a suit for recovery of your dues  and also for a direction to furnish the share certificate.

About not conducting elections for a period of over a decade, you may make a complaint in this regard to the Registrar of cooperative societies and request to dissolve this management committee and to conduct fresh election to elect new committee members. 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Chairman and secretary are not personally responsible 

 

you have to sue the society and claim compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

They can't hold your share certificate on basis of your dues. you can file complaint to registrar if not given by society 

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

Yes you will have to file a dispute case u/s 91 of the Maharashtra Societies Act, 1960

you should not have withheld the maintenance

you are inviting trouble for yourself

you could have paid that under protest 

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

Move the consumer court against your housing society, as refusing share certificate is deficiency in service 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1431 Answers
5 Consultations

4.4 on 5.0

Do you client in this case the simple answer is yes.

Anik Miu
Advocate, Bangalore
5334 Answers
57 Consultations

4.9 on 5.0

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