Legal Question in Real Estate Law in India

Query regarding transfer of shops

1. There are 20 chawl type shops in Society.

2. These shops are leased for 30 yrs. from MHADA- lease agreement dt. 11/10/99.

3. Society was formed of 20 shops - Regd. on 8/7/97. After forming society - MHADA (Maharashtra Housing Area Development Authority) gave lease of 30 yrs.

4. Between 2000 and 2003, 5 shops of society were sold by original allottee to prospective purchaser.

5. This 20 shop society is 55 yrs old - structure in absolute bad shape.

6. After sale of 5 shops, the new purchaser did not apply for transfer of said shops to society till today.

7. Because of absolute bad state of shops, these 5 shops - meantime, got demolished and as such, today, no one can say that these 5 shops ever existed.

8. No complaint to any authorities was ever made for such fallen shops.

9. Now a developer has approached society to build new tower.

10. Now those 5 memebrs whose shops are grounded have applied to society for transfer.

11. Now the question is CAN THE TRANSFER OF SUCH 5 SHOPS BE GIVEN NOW? AND WHAT IS THE PROCEDURE. PLEASE HELP US SO THAT THESE 5 PURCHASERS CAN GET THEIR SHOPS TRANSFERRED AND BE A MEMBER OF OUR SOCIETY.

12.The society has been paying taxes for all the galas till today.


Asked on 9/05/08, 3:00 am

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

Re: Query regarding transfer of shops

If transfer of 5 shops was in accordance with terms of lease after due permission from MAHADA by registered document, then there may not be any issue for transfer of membership.

Read more
Answered on 9/05/08, 5:45 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Query regarding transfer of shops

On the basis of their purchase documents, the vendees of 5 shops should apply for transfer now in accordance with the prescribed procedure. They should make representations to the MHADA and the Registrar of Cooperative Socieites claiming their ownership and for appropriate directions to the society to transfer the title in their name.

Read more
Answered on 9/05/08, 6:01 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India