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Society not allowing to transfer ownership asking for registration


17-Feb-2023 (In Property Law)

A sale deed executed in the year 1990 in respect of a flat between a builder and mr. X the first purchaser is not registered and proper stamp duty not paid by the purchaser -- mr. X-. Mr.x sells this flat to mr.b in 1993. Mr x is not alive now. Society refuses to transfer the flat to mr. B and asks for registration /stamp duty payment.is the action of the society correct.

Answers (1)

Answer #1
756 votes
The society is correct in maintaining legitimacy in the transfer of Membership. The transfer of ownership title should be perfect to make the society transfer the membership. You should approach the society with an indemnity bond for safeguarding them in transfer of membership. They may/may not accept as it is upon them. There are legal remedies for both transfers though through different approaches. You'll have to try convincing the Society for membership and also take steps to perfect your title to the said flat.
Advocate Chintan Thakker

Adv. Chintan Thakker

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