I am a secretary of the co-op. hsg society with some complications. Can I transfer the flat in buyers name?

Question

When the builder handed over the society (in Maharashtra) to the members, in the constitutional General Body Meeting the builder had put a condition & the same was recorded (Register has signed) in the AGM minutes book that "do not issue the share certificate of xyz flat without our NOC as xyz flat owner has to pay us Rs.50,000/-" However the builder has made him the Society member. When the Constitutuional AGM was held the member in whoose name this condition was put was not present for the meeting. After a years time the said flat was sold to another member who was from the same society and he was present for the constitutional meeting. Due to oversight the society had issued the NOC for the sale of this flat. This has happend during the ex-committee. Now the buyer submitted the documents for share certificate transfer. Meenwhile we received a letter from the builder saying if you carryout the transfer then we will file a case against the society. We have with held the transfer.

Answer 1

The original dispute regarding payment of Rs50000/- is between the builder & the original flat buyer xyz who in due process sold it to one of the member of your society. The builder is supposed to recover his due payment from the original buyer & who can claim the same from the new buyer, as far society is concerned they come no where in picture for this transaction even if there was recording of the condition the xyz the original buyer should not be issued the share certificate without their NOC. Since the society agreed to the builder's demand in the first case only, but now the new buyer in no way is covered by the original recording in the register & signed as you state you can always reply to the letter of the builder this fact & tell him to get his due recovered from the concerned xyz original buyer. Any how since the builder seems legalistic in his approach he can move the court for injunction against the new buyer from getting possession of the said flat & restricting the society for transferring the same to him, in such case the best way out is to tell the builder to recover his dues from the original buyer xyz immediately & release his restrictions from all others for the transfer of the flat to the new buyer. I say so that the time consumed during the judicial process in case of suit for perpetual or permanent injunction is filled against all of you i.e. society & the new buyer may take many years to settle & in the mean time a temporary injunction will be granted against all of you against carrying out this transfer of the flat.