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Author Topic: Society Transfer  (Read 273 times)

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Offline Rams

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Society Transfer
« on: September 15, 2018, 12:23:44 AM »
Around 4 Year Back, one of my fried has purchased a residential property from private bank through public auction u/s SARFAESI Act 2002. Bank has given physical possession and property documents to my friend. Bank as well as my friend as intimated the Housing Society regarding the sale process and asked them to update the society record.

After receiving the Intimation Letter for said sale process, one of the office bearer through a third person approach the Mumbai DRT with a allegation that bank has fraudulently sold the property privately & he was interested in a said property. Here the third person has a filled a case against bank, wherein auction purchaser (Friend) is one of the party, society has another party. Since Bank has appointed a advocate, my friend didn't thought necessary to appoint any advocate, has factual information will be shared by the bank advocate. During argument in Mumbai DRT, bank advocate has submitted all the relevant documents and factual details to third person through Mumbai DRT and same has been noted by respective Proceeding officer. But unfortunately due to administrative reason of DRT, mater is not proceeding further in Mumbai DRT.

On 2 to 3 instances Office bearer as well as third person approached my friend and asked for Rs. 4,00,000/- for withdrawal of a case from Mumbai DRT, which my friend has denied.

Several time my friend have approached a society office, verbally as well as through written letter for society transfer and acceptance of society maintenance dues. On all the instances, either they refer that mater is sub-judices/pending in court or they ask for some irrelevant documents which are not available with my friend i.e...Mortgage/property Release letter from bank. Whereas, my friend has shared all the relevant documents i.e... Registered Title Deed, Chain documents and all SARFAESI Related documents in-spite of all these documents being available in Public Domain.

Since the Society record is not updated nor Share Certificate has been transferred, society office bearer is not allowing him to give the property on rent nor permitting him to occupy it, due to which entire property is in non habitable condition.

This entire act of Society is done forcefully without having any injunction/stay from any of the competent authority on transfer/updation of the society record.

In such situation, pls share step by step process/action need to be taken for earlier resolution of a dispute.

Offline advjaibansal

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Re: Society Transfer
« Reply #1 on: September 18, 2018, 06:25:05 AM »
You can file a contempt petition against the society.

jai bansal
Advocate, New Delhi
Supreme Court of India
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Re: Society Transfer
« Reply #1 on: September 18, 2018, 06:25:05 AM »


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