Legal action against society for delay in issuing Share Certificate

513 votes

Society has no right to demand any such amounts and have no right to retain your share certificate. You can write a complaint and submit the same with registrars office. Also you can lodge police complaint against the committee members of the society for illegal holding back your share certificate

Advocate Bankim Mehta LawRato

810 votes

FOLLOWING ANSWER PRESUMES THAT YOU ARE IN MAHARASHTRA. In state of Maharashtra maximum amount of transfer fee is fixed at Rs. 25,000/- and co-operative housing societies cannot charge more than Rs. 25,000/- (however, they charge minor charges like form fee transfer expenses etc generally not more than couple of more thousands). However, even after paying the transfer fee and complying all requirements for transfer of membership (under bye law no. 38 of Model Bye Laws) if your CHS is not giving you membership then you can send your society legal notice for transfer of membership. If society fails then you can file complaint to the Dy. Registrar, Co-operative Societies in your city under section 22 / 23 of Maharashtra Co-op Soc. Act. Dy. Registrar after giving hearing to both parties will grant membership.

LawRato LawRato

527 votes

If there was a resolution passed before the sale of the flat then you have by default agreed for all that had been transpired before the purchase of the flat. Since it was resolved in the AGM of the society, it is agreed by all the members including the previous owner of the flat, therefore you need to pay the same to the society.

Advocate Menaz Maqbul Shaikh LawRato

687 votes

You can file complaint to Cooperative Registrar for issuance of share certificate.
After complaining Cooperative Registrar shall direct to issue share certificate to you
AGM was held after sell deed. Then society shall not have right to demand illegal donation.Resolution itself is illegal.

Advocate Sandeep Shamrao Pingale LawRato