Legal Question in Real Estate Law in India

My wife purchased shop in building through tender at bank auction. The person's shop which bank has sealed is not having Society membership certificate nor the bank.

She have made all payment to bank in Nov. 2008, with legal possession of keys and letter from bank, and start to follow with society for membership process and paid the previous 2 years pending maintenance, but society issued receipt in previous owner name, stating he is still member of the society till it is transfer on your name, and original certificate is not with both the parties i.e. Bank and previous owner. After following society she was fedup, because no one was giving solution. She enter registered agreement for sale of Shop with bank in May 2010 after a gap of 1 & 1/2 year.

The same shop, she sell with registered agreement to other person in July 2010 and follow up was started with society federation office. We managed to make application for membership to society in Jan. 2011 with acknoledgement receipt, till that date they was not at all entertaining our application on the ground that you are not having original share certificate.

She have published the notice in 2 daily newspapers where she mentioned previous owner as well as bank have not original share certificate and given detail address of society also and how she purchased from bank with detail. After waiting for more than 1 month no query came from anyone. After lot of convincing to society we got the transfer set and given necessary fees and get approval of our membership and duplicate share certificate was issued on her name by society.

Now, I want to transfer my membership to the person to whom shop was sold. Here society is saying your agreement is invalid as you have sold the shop without society NOC and you was not member at the time of selling.

Kindly help me and tell us solution as we are very tired of this followup.


Asked on 3/31/12, 7:35 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Society can give post facto NoC and ratify transfer.

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Answered on 3/31/12, 9:57 pm


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