Legal Question in Real Estate Law in India

I bought resale flat in March 2008, at that time society was maintained by the Builder.

Now Society is handed over to the Society members.

Now this new society body is asking me to pay the NOC + Transfer again. As per them builder never transferred the money to society funds.

But I already paid these charges to the builder.

I have NOC from the builder and builder had sent the letter to new society saying that �give the membership of the society�.

What can I do here?

Can I take legal action against the society?


Asked on 9/27/11, 5:01 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may approach the registrar societies in this regard.

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Answered on 9/27/11, 6:44 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

try to talk amicably with the builder going along with you

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Answered on 9/29/11, 1:45 am
Shrichand Nahar S.V.Nahar, Advocate

You have not specified as to whose name appear as member and shareholder in the records of society.

In case earlier flat holder is member and shareholder in the records of society, then transfer of membership only on letter or NoC of builder is not sufficient and you may be required to submit transfer forms/application of previous member and also pay transfer fees as per the bye-laws.

In Maharashtra, Rs.25,000/- is the maximum transfer fees.

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Answered on 10/04/11, 10:18 pm


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