Kumar Ramkrishnan
Dear Sir,
I have a query related to registration of flat in a re-developed Housing Society. Facts are as under:
My Society (Usha Cooperative Housing Society Limited, Thane) is a registered entity since 1960. My father held 100% shares of this flat. He was the Owner.
As the building was dilapidated, the premises were demolished and re-developed (about 10 years ago) by engaging a Re-Developer as contractor
The Re-Developed flat is smaller than the original flat due to a number of valid reasons.The re-development work was completed, however, the Re-Developer did not fulfill all clauses of the contract
Meanwhile, my father nominated my wife as Owner of the flat before his death. As the Re-Developer did not fulfill the contract, we approached the Consumer Court. Because the proceedings dragged on for more than 3 years, we abandoned the case.
The Re-Developer issued a hand over notice along with keys for all flats to the Society.The Re-Developer is harassing our Society members by charging ‘NOC charges’ for transferring flats to the names of the Owners!
Now, I am desirous of registering the flat in the name of my wife. My query is ‘do I require an NOC from the Re-Developer’?
I C Naik
This is a matter wherein a “Nominee” is applying for membership upon death of a member who has nominated a person to be a member in his place upon his death. This is a purely procedural matter as laid down in Bye Laws. Number of Bye Laws covering this procedure : 34-36 read with Bye Law No 17A and 19 So contact the Secretary and request him to confirm the nomination as per Society records.
If the managing committee has recorded nomination which is its duty under Bye Law No 35. You may have a copy of Nomination form in you old records which is also an evidence of Nomination. The Redeveloper does not come in the picture as this is strictly a Society and Member matter. Also note that there is no transfer of a flat in your case.
Should the Secretary or Committee do not cooperate your wife can submit an application to the Registering Authority. I do not see why Secretary should not cooperate.