Not received transfer papers Not received transfer papers

9 months ago

Member in our society has purchased flat last 6 months ago but has not transferred on his name till date and has also given the said flat on rent what to do please suggest

Anik

Responded 9 months ago

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A.Dear client,
The person cannot be considered an owner of the property unless the Deed of conveyance in favour of the purchaser of the unit is registered. He cannot be a member of the housing organisation or sublet the property to others unless he is the owner. So, in the current scenario, the concerned person should be advised that, in accordance with the Society's Byelaws, he should get his flat registered to become a member of the Society as soon as possible, or else all common services and facilities will be discontinued with immediate effect. Despite that notification, if the flat's owner does not reply or react, the problem may be sent to the Registrar of Society/Association for resolution.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
In the absence of registration of the Deed of conveyance in favour of the purchaser of the flat, the person cannot be treated as an owner of the property. Without being the owner, he can neither be a member of the housing society nor can sublet the property to others. So, in the prevailing situation, following the Byelaws of the Society, the concerned person should be informed the get his flat registered to become a member of the Society at the earliest otherwise, all the common services and facilities shall be stopped with immediate effect. Despite that notice, if the owner of the flat did not respond or react, then the matter may be referred to the Registrar of Society/Association for resolving the issue.
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Vidhi Samaadhaan Vidhi Samaadhaan

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