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Can a society withhold the share certificate
07-Sep-2023 (In Property Law)
We purchased a flat in Mumbai in May 2019 from the builder. All the payments were cleared by us and possession was handed over to us in June 2019. Now the society (formed in 2014) has demanded us to pay Rs.6500/- for the external repair work carried out by them and are with holding the Share Certificate till the dues are cleared. The Resolution for the repair work was passed in April 2019 i.e prior to our sale deed. The society claims that these dues were to be cleared by the Builder but since the sale has been made, we are liable to pay. My question is, Is the society right in withholding the share certificate for a claim / due which was decided by a resolution passed before the sale deed was entered? Is there any legal recourse available?
This is my response to you:
1. The society cannot charge you for the same;
2. If the resolution was passed before your actual date of possession then it is not applicable to you;
3. You rightfully deserve to recieve the share certificate;
4. Consult a local lawyer and take steps.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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Society is right in saying that those dues should have been cleared by Builder. You should ask the Builder to pay those dues of the society. if Builder does not pay, you can file case against the Builder.
If society has already admitted you as the member of the society , they can not withhold share certificate.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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