What is the legal status of my property
My property is a standalone room (1986 built) on same plot as another building which came later. Both share common utilities. 1st buyer of my property got possession against NOC (no share certificate/ no sale agreement) from society (probably unregistered then). 1st buyer then sells to 2nd buyer (sale agreement notarized) who applies for share certificate in 1995 but society do not responds (I guess because of their reluctance to admit racially different member). When I bought it I was refused share certificate verbally saying it is illegal (room not constructed by same builder who constructed their building). However there is no litigation or encumbrances on record. I pay property tax directly and society do not issue maintenance bills or rent receipts but they collect water charges by cash without receipt.
In light of above what is legal status of my property?
1. Do I have right to become member?
2. Am I being denied membership illegally if so what action I can take on society?
3. Am I already a deemed member?
4. If I cannot join society does that mean I am a separate entity on same plot?
5. If I am a separate entity and we share same utilities/plot is it not obligatory for the society to obtain my consent before entering into development agreement?
Asked in Property Law from Mumbai, Maharashtra
If you are in possession of the property,you have possessory rights and for that you can take up the case with consequential benefits.But note that you have to go to court with clean hands.
Advocate, New Delhi
no you have no right to be admitted as member .builder has constructed building and sold flat to various purchasers . they hav formed society . only those flat owners who have purchased flats would be admitted as members of society . society does not need your consent for entering into development agreement . it is necessary to go into your agreement for purchase of room to further advise