Legal Question in Real Estate Law in India

I purchased a flat in the month of July in resale in Badlapur, Thane state-Maharashtra.The flat was not registered in the name of a seller and he purchased it from the builder as an investment and he was only holding the receipt of the payement.Hence we enter into a tri party agreement and did registration in my name in which agreement has been done between me and the seller and builder is a confirming party. Since builder has not issued share certificates yet I have not got any share certificate but as soon as it will be issued I will get it and it is mentioned in the NOC given by the society. Our Society is registerd under the cooperative societies act but builder has not yet handed it over to the members. So only the care taking committee is formed but all the legal documens like NOC are signed by builder.

When societies AGM was held I raised some complaints through a letter regarding maintainance of steps in staircade and leakage from the ceiling. But I was told in a meeting by the care taking committee(not a builder) that you are not the member of the society since you dont have the share certificates in your name so you cannot talk in meeting. I told them that I am paying the maintainance then committee said that it is not the maintainance but we are only taking subscription because society is not handedover by the builder yet. When I asked them how many peoples have got share certificates in the society the committiee replied that you dont have right to ask this.Now I just want to know whether committee is right and if it is so then how can I solve the whatever maintainance problems I come across because issuance of share certificates may take time of 4 to 6 months or it might take an indefinite time.Please give me some suggestions.thanking you.


Asked on 11/10/09, 1:08 pm

2 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

They are wrong. Issue a legal notice to the society with copy to builder.

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Answered on 11/10/09, 7:07 pm

I agree with Mr.Seshadri, issue legal notice

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Regards

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Answered on 11/10/09, 11:26 pm


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