• 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 1 year 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
46645 Answers
2759 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
36777 Answers
403 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
23092 Answers
639 Consultations

5.0 on 5.0

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