• Issue of CHS Share Certificate

Dear all,

I have purchased a LIG flat from a builder in 2011. I got possession of the said flat in 2012. All due process of purchase such as stamp duty registration has been followed at the time of purchase.

The number of buildings conctructed by the builder in the complex is around 80+. The construction is ground plus three. Last year around Nov 2015, builder called the representatives of 16 buildings to form the society. There is total of 256 flats in our society. The managing committee (Chairman + Secretary + Treasurer) have held AGM. They are collecting maintenance of Rs. 400 per month from each flat. They have also issued receipts for the same.

I enquired about the issuance of the society share certificate. The reply provide by the chairman is as follows: 50% have not paid maintenance money also similar no. have not provided agreement documents.

Please suggest how long the society can delay issuance of share certificate. What the society should do to move ahead and provide the share certificate.

Thanks
Savio
Asked 7 months ago in Property Law from Navi Mumbai, Maharashtra
Religion: Christian
1) since builder has sold the flat to you by registered sale deed your interests are protected

2) since society has been formed only in Nov 2015 and there are 265 flats in society process of issue of share certificate may take time 

3) society will issue share certificate once it has details of all members

4) society can collect ready made printed share certificate booklet from Mumbai Housing federation office . only details have to be filled in and signed by the officer bearers 

Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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Hi 
Since you have completed the registration of the flat and the builder has handed over possession to you, you are absolutely safe with respect to your ownership and possession of the property. 

With reference to the formation of society, since it was constituted very recently, you should submit copies of your registration to the society, take acknowledgement of the same  and the society should be able to issue you a certificate  duly signed by the office bearers of the society shortly thereafter.

Technically the society members cannot delay the issuance of share certificate for long and the office bearer of the society must endeavor to issue share certificate to their individual members at the earliest and also announce a time schedule for submission of documents to the society and issue of share certificates thereof. The society can also start issuing certificates to members who have already submitted their registration documents on first come first served basis. 
Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
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You should issue a letter to the society seeking share certificate to your flat and should express that you are willing to comply with necessary formalities in this regard.  
Let the society give a reply in writing the one what they told you orally,after which you can ask for a special General body meeting of the society and discuss the issues of concern at length and pass resolutions benefiting the members of the society in all respects including forcing the members to pay the pending or arrears of maintenance charges against their names. 
If there is no fruitful result is coming forth to your steps taken you may initiate legal actions by first issuing legal notice 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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The society has a valid reason to deny the share certificate. The defaulters should pay the arrears of maintenance whereas the remaining members should provide the documents sought by the society, and if even then the share certificate is not issued then a suit for injunction can be filed against the society.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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society can take time to issue share certificate, society should issue notice to the owners who have not paid maintenance money. according to co-operative society act AGM cannot be held unless more than 70% members present in the meeting so chairman is bound to collect money from the members attebded in the AGM and issue share certificate.
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
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File complaint against MSEB before consumer forum and seek refund of excess amount paid by you with interest 

Also seek litigation costs and compensation for  mental torture undergone by you
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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Did you send the request in writing and have an acknowledgment ?
If not even now you can send a legal notice demanding the refund of the excess amount held by them.
You have to find out a lawyer yourself for it or can find some one from this forum who stays near your place.  
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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Issue a legal notice to MSEB and if this does not wake up the board then a suit for recovery of money should be filed to claim the refund of excess amount so paid and also compensation for mental agony.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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