• Society not issuing Share Certificate.

We are the 3rd buyer of this flat through a registered 2 sale agreements. This is a 3 bhk flat & has 2 registered sale agreement from the builder. The flat was bought in 2012 & society was found in 2015. We enrolled & submitted documents along with membership charges for the Society Formation in 2014. After formation in 2015, we demanded for Share Certificates but found they didn't process our documents. Notices were sent on this issue, but didn't receive any reply till today. Later again, we were asked for documents submission & they were submitted. Now they demand for builder possession letters to the first owner for which we  only have one possession letter & 2nd letter is not given nor the builder is corporative It was confusing for us since the Society is sending Maintenance bill in the 2nd owners name. It was found through an application to the Society Registrar office, there is no record of flat nor the Society office bearers forward our membership application. Please advise
Asked 6 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Sikh
1) file complaint against society for deficiency in service and seek orders to direct society to transfer flat in your name 

2) also seek compensation for mental tortute borne by you 

3) enclose  copy of application made to society a nd acknowledgment received from society 

4) registrar can direct society to transfer flat  in your name . 
Ajay Sethi
Advocate, Mumbai
27331 Answers
1486 Consultations
5.0 on 5.0
You have to sort out the problem with the society by creating records for your flat atleast now. 

If nothing works, then you may fie a civil suit against the society directing it to register your flat and allot you with the respective shares of the society towards your house. property 
T Kalaiselvan
Advocate, Vellore
17451 Answers
165 Consultations
5.0 on 5.0
File a suit for mandatory injunction against the society to seek court's directions to it to issue the share certificate to you. This may be preceded by issue of a lawyer's notice to it.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

Ajay Sethi
Advocate, Mumbai
27331 Answers
1486 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
17451 Answers
165 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13581 Answers
291 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6906 Answers
78 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
974 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2029 Answers
24 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1302 Answers
71 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
823 Answers
58 Consultations
5.0 on 5.0