• Scoiety refuses to register member

I purchased a flat in resale in Mira Road in Nov 2012 and put on rent.. Originally Builder sold to Party 1, then party 1 sole to Party2 and then Party 2 sold to me. Society was not formed then. I .
Now society is getting formed. Builder/Society member asking for huge amount to register me as a member and also two transfer fees.
My questions are
1. Is newly formed society not obliged to have all flat owners as member by default.
2. Can a newly formed society ask for transfer papers (Basically society related forms, etc) for admission from me for all the 2 previous sellers though the transaction took place before society was formed.
3. Can Society ask for 2 transfer fees from me for transaction took place before society got formed
4. What are the remedies for me

Regards
Ravikant
Asked 4 months ago in Property Law from Mira Bhayandar, Maharashtra
Religion: Hindu
1) sale of flat by party 1 needs builder consent . 

2) similarly sale of flat by party 2 to you needs builder consent as society not formed yet

3) you are liable to pay transfer charges o builder 

4) society will have name of members as members as per intimation given by builder 

5)society cannot ask you for 2 transfer charges from you 

6) if society is refusing to admit you as member you can move consumer forum  or cooperative court  against society to direct society to admit you as member as you are willing to pay Rs 25000 as transfer charges
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) Builder NOC was must for transfer of flat in name of 2nd party 

2) since builder has shown name of 1st party as flat owner then 1st party has to pay transfer charges  to society  for transfer of flat to 2nd party 

3) 2nd party has to pay transfer charges to society for transfer of flat in your name 

4) i presume sale has been through regd sale deed 

5) better pay the transfer charges
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Builder NOC was must for transfer of flat in name of 2nd party 

2) since builder has shown name of 1st party as flat owner then 1st party has to pay transfer charges  to society  for transfer of flat to 2nd party 

3) 2nd party has to pay transfer charges to society for transfer of flat in your name 

4) i presume sale has been through regd sale deed 

5) better pay the transfer charges
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. Every flat owner who is ready and willing to pay the society fee has the right to be inducted in the society.

2. The society can seek the transfer papers even dating back to the time when the society was not formed. However, it cannot under any circumstances seek the transfer fee for the period before you purchased the property. Your liability begins only from the date of execution of sale deed in your favour.

3. The remedy for you is to file a suit for declaration and injunction against the society to seek necessary directions.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. Is newly formed society not obliged to have all flat owners as member by default.

Yes.  You are right.



2. Can a newly formed society ask for transfer papers (Basically society related forms, etc) for admission from me for all the 2 previous sellers though the transaction took place before society was formed.

The society can demand the papers relating to the title of the property.  This transfer papers will indicate title to the property at various stages before you purchased it, since this is an apartment/flat.  Hence to maintain the history the papers now demanded shall be an evidence.





3. Can Society ask for 2 transfer fees from me for transaction took place before society got formed

The society cannot ask for single transfer fee also for the period where the society was not even formed.





4. What are the remedies for me

Ask them to issue a demand notice under the provisions of law by which they demand the said fees, you can issue suitable reply after receiving the official communication fro the society.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
No written consent was obtained from Builder though builder was aware. SO buildier has put 1st buyer's name in flat owner's list.

The builder is concerned only with the first owner, hence he has furnished the list as per his records,but the society has to go beyond that also to include the present owner's name alone since the society is formed now only.






Can society seek Society transfer paper from Buyer 1 to Buyer 2 and Buyer 2 to me. 

To maintain the history of all the buyers as well as to trace the title after flats were constructed the society may demand such papers, but it is of no use to the society




Can society ask two transfer charges. 

If you have purchased the property before te society was formed the even one transfer charge can be an illegal demand.  Ask them to send official demand notice under the relevant rules that are relied upon for this demand. 




Can society refuse to transfer the flat if society transfer sets from Buyer1/Buyer2 is not available even though these transaction took place before formation of society

The society has no authority to refuse if your purchase papers and he title is clear.  A complaint can be moved before the registrar of cooperative societies.






If society does that then what are the remedies for me

You can issue legal notice.
You can move he registrar of cooperative societies seeking relief
You can move consumer forum seeking relief and compensation
You can move cooperative court seeking relief and remedy.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
The society has to follow bye-laws of it. if bye laws permits you will be a default member of the society after payment of membership fee as prescribed in bye-laws ( generally the membership fee in a society will nominal). No society shall be registered or permitted to act against the members. No society can ask or pressurize for transfer of any property and it is against the provision of the Societies Act. The current title holder is eligible for membership and there is no matter how many transactions took place for getting property in your favour. No society will be permitted to charge double membership fee at any circumstances, however subject to recitals in bye-laws. the remedies for you are - 1. You have to obtain a copy of bye laws from society if possible or not, you can get certified copy of it from concerned registered of societies. gone through the bye-laws registered for the society and correspond in writing with the president /secretary of the society and seek reliefs as you desire. Still the society and its officers denies you can file a case (Original Petition -OP) before concerned district court   
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0

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