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Person purchased flat but not completing transfer formalities
30-Jan-2023 (In Property Law)
a person has purchased a flat as second sale in coop. hsg. soc. despite repeated reminders has not completed the transfer formalities for last 4 yrs. what remedies available with manage comm to force the buyer to complete the transfer formalities. can society charge any penalty, beside the transfer fee of Rs25000 to the buyer
If person has purchased flat from member of society by registered sale deed and is not completing formalities of society then management can issue show cause notice asking such person that why he should not be expel,if he is admitted as member of society.
If person has not purchased flat vide registered sale deed but only having agreement for sale from previous member, then society can withhold transfer of share in his favour.
But society can not refuse to enroll purchaser on ground of validity of transfer deed if he is otherwise eligible for such membership as per bye laws.
Society can not charge any penalties in absence of specific clause in approved bye laws of the society.
If person has not purchased flat vide registered sale deed but only having agreement for sale from previous member, then society can withhold transfer of share in his favour.
But society can not refuse to enroll purchaser on ground of validity of transfer deed if he is otherwise eligible for such membership as per bye laws.
Society can not charge any penalties in absence of specific clause in approved bye laws of the society.
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Adv. Ajay Ashok Joshi
Pune | 25+ Answers
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