Legal Question in Real Estate Law in India

Law on the transfer of property in a cooperative society

I am staying in a housing society and wherein I have

purchased a resale flat. The seller has intimated to

the society by way of a letter and the society

secretary had also given me a NOC for the bank to

provide me with a loan. I need to know the following:

1. Is it required for me to transfer the flat in my

name legally and if yes within how much time?

2. Is the society liable to charge non-occupancy

charges to me since I have not registered the flat in

my name? (I have completed 4 months till date)

3. Are there any laws which state specifically that I

have to transfer the flat in my name within a specific

period though I have already registered the sale deed

and paid the stamp duty to the government?

4. Can the society proceed against me though I am

already paying the maintenance charges for the said

flat?

I would also be grateful if you could direct me to any

specific book or legal document that I need to follow

if you are not able to answer all my questions. I

would be very grateful if you could help since the

society secretary is targetting specific members from

our society due to our not supporting him during his

election.

I await your detailed reply in the above matter.


Asked on 3/28/05, 9:16 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Law on the transfer of property in a cooperative society

If you try to understand the difference between rights, title and interest of a flat holder in an apartment condominium and a housing society, you will probably get all your answers automatically.

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Answered on 3/30/05, 3:52 am
Jayesh Desai Jayesh Desai

Re: Law on the transfer of property in a cooperative society

1. Yes you are required to transfer it in your name. You have not specified your area - each state has different law - hence based on PIN no you are most likely to be in Maharashtra, where Mah. Coop. Scty. Act applies.

2. Society is not liable to charge you Non-Occupancy charges but Society is entitled to do so if you do not transfer it in your name. In fact it is in your interest to transfer as in futuer - when you want to sell you will have aproblem & your title will remain a defective more over society can take action against you.

3. Refer to the act mentioned at 1 above.

4. Previous answers are self explanatory.

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Answered on 3/29/05, 5:17 am


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