Home | Legal Advice | Civil Law Cases | How to annul the illegal transfer of membership by CHS

How to annul the illegal transfer of membership by CHS

Shivendra Pratap Singh


15/04/2021/ 11:52:47 AM

Reading Time:

Society transferred the flat and membership in the name of purchaser on the basis of unstamped and unregistered agreement in June 1989. Purchaser has not paid consideration amount therefore, the possession of the flat remains with the seller.  In December 2018, seller came to know that the transfer of membership to the purchaser is not valid and therefor it is null and void. Hence, seller wants to annul the illegal transfer of membership by the society.

How can I convince to the society about their illegal and invalid transfer of membership to the purchaser and request the society to restore back the membership in the name of seller (original member of the society).  Society is located in Mumbai, Maharashtra. Thanks

Question from: Madhya Pradesh

Society cannot transfer the membership to the purchaser in devoid of valid sale deed. Only a valid sale deed conveys the right and title in the property from seller to purchased. Hence, society must demand from the purchaser to produce sale deed. Maharashtra Ownership Flats (Regulation of the promotion of 3 construction, sale, management and transfer) Act, 1963, mandates that only owner of the flat can be the member of society.

In devoid of a valid sale deed purchaser could not become the owner hence, he is not entitled to get membership. Since, you are the real owner of the flat so you still possess the membership of society. You should approach the society to remove the transgression of aforesaid Act. The society will cancel the transfer of membership and restore your status.

File a suit for annulment of the illegal transfer

If society does not take any action on your application then you should file a declaratory suit. You can file that suit under Section 34 of the Specific Performance Act. Society and purchaser are the necessary party in the declaratory suit. You cannot get decree without making them as defendants in the civil suit. When the court declares your right and title in the property then society will cancel the membership of the purchaser. Thus, you can restore your status and annul the the illegal transfer of membership.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Cancellation of Sale Agreement

Question: Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months...

Landlord does not provide a rent receipt

Question: After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him? Asked from: Maharashtra You should send to him a legal notice on his residential or postal...

Forfeiture of earnest money in withdrawal of tender

Question: I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the...

Arbitration in respect of non-arbitrable issues

Question: Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the...

Mud road on my land :  How to get it back?

Question: Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to...

Can mother execute a registered will

Question: Can mother execute a registered will towards the property which she had received from my deceased father? My father died in the year 2021 and he has named my mother as the 100% owner of the existing house in the registered will. I have 4 older brothers and 1...

Appointment of arbitrator under the agreement

Question: My firm is doing business of gravel supply to the government. I want to know whether the appointment of an arbitrator under the agreement is possible? Our firm got a tender from the public works department of Uttar Pradesh. According to the tender agreement...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.