Legal Question in Real Estate Law in India

sale of flat

our society has all gujarati members, i have finalised my sale deal with one sindhi vegetarian buyer, secretary objects for sale to sindhi, can society object for sale flat to any other cast person, is mumbai co-op hsg soc bylaws states you can't sale your property to any other cast buyer


Asked on 8/11/08, 10:05 pm

4 Answers from Attorneys

muhamed mustaque mk associates

Re: sale of flat

kindly go through bye law ,is it approved by regisrar? it may difficult to challenge if bye laws have been aprroved as the object of which is to keep within community. Supreme court in similiar situation upheld bye law

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Answered on 8/11/08, 11:08 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: sale of flat

Please first read bye-laws of the society in which flat is located.

If bye-laws really imposes any restrictions on the basis of caste, then you can approach appropriate forum to have such restriction removed.

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Answered on 8/12/08, 3:41 am
Sumit Mehta S 'n' S Law Offices

Re: sale of flat

kindly cross check the bye laws of society

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Answered on 8/12/08, 5:31 am

Re: sale of flat

If the rules/regulations/bye-laws poses any restriction on such sale to a person out of the community, the community members are expected to obey such restriction but such restriction can not invalidate any transfer of property which is done otherwise according to statute. In my opinion for such violation of restriction authority of the society may take action against the offending member but the sale can not be set aside or challenged by such authority.

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Answered on 8/12/08, 1:08 pm


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