I had bought a new flat in a society in 2003. The society was formed sometime later in 2003-04. since i was out of station, i did not fill up the forms for the membership and hence did not have the share certificate. I did however pay all the monthly maintenance charges during this period. Last year when i decided to sell off my flat, i applied for the share certificate in August and got it in september. However, the society informed that i cannot sell my flat for a period of one year from the date of becoming a member. Is that right? The society uses the standard bye laws and there is no specific resolution passed which sets this deadline.

Is the society right in saying that i cannot sell the flat for a year? also my question is that if i was paying the monthly maintenance for all these years, how is that treated since i was not a member?

regards
SRJ
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  • They are being too legalistic.Many socities take years to isue share certificates.
    YOu would have paid Rs600 to builder during initial purchase process.Builder would have depostied Rs500+ 100 as share capital per member and that is mandatory before a society is registered.
    So the question of you not being a member of society does not arise.
    Managing comittee may not be fully aware of these things.
    During purchase of flat many papers are signed,which should include application for member ship of society also.
    Please discus all this with your MC.
    Realy they cannot stop your sale of flat.You would have been a member when society got regiatered at registrar office.
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  • They did take the share capital of Rs. 300 from me with my application for the share certificate. i do not recollect if i had paid any sum for society registration to the builder. anyway, will check with the society MC and see what can be done.

    thanks for your reply
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