Your Housing Problems & Solutions

Incorrect Name on Property Card

Q: Our Co-operative Housing Society was registered in 1972, and a deed of conveyance was signed by the heirs of the previous land owner and the office bearers of the Society. However, the property card, index II, still shows the name of the original land owner, who had died in 1970. The Society is in possession of a certified copy of the deed of conveyance and applied to the office of City Survey Office to have the property card in the name of the Society instead of the name of the previous owner. The City Survey Office is asking for copy of the deed of conveyance and documents showing that the heirs of the previous land owner are the legal inheritors of the property, which the Society does not have, and the whereabouts of the inheritors of the land is now not known.

Your advice in this will be highly appreciated.

A: It is for City Survey Officer, to find who is the successor of your society's land, by sending them the notice to all the land owners, as available with the records of the Property Card of said Society's land, in city survey office. At the most, City Survey Officer can ask your society to give a notice in two news papers, in which City Survey Officer will ask the land owners or their successors, of your society's land, to come forward to City Survey Office, to put their claim on their ancestral land.

If city survey officer is not doing this work, then you go to Talathi Office, to change 7/12 extract of your society's land with mutation entry of the land in Form-6, in society's name.

If 7/12 extract and mutation entry in Form-6 is in Society's name, then with these two documents, you can apply at City Survey Office, to transfer the Property Card of the Society's land in Society's name.

If at one or two of the offices, that is, Talathi office and city survey office, no one is co-operating, then against both (separately) make a Lokshahi Din Complaint to District Collector, who takes hearing in his office, on first Monday of every month, and gives order to Talathi, and City Survey Officer, to transfer the land records of your society's land in society's name.

In doing this work, if you face any difficulties, then post about such difficulties on Moneylife Foundation’s Legal Helpline (https://www.moneylife.in/lrc.ht ml#ask-question) where an expert will offer further solutions.

Reimbursement for Leakage Repairs

Q: I am the owner of a flat, which is on the 5th floor. It’s the last floor in our building and above us is the roof. We have leakage issues in our flat due to some roof damage. When we reached out to committee members they said that it is not urgent and that they will take care of it when monsoon season arrives. They also suggested that I should get the repairs done on my own expenses if it is urgent.

Since we had to undertake repairs on our own, I sent an email to society committee saying that these are the repairs we have done and this is the invoice for the same. They are not acknowledging the same. How can I go about seeking reimbursement from the society?

A: Your flat's roof repairs, under Bye-law No. 68(a)(ix) and (x), read with Bye-law No. 159(a)(ix) and (x), have to be done at Society's expenses.

Since society has not done it, and due to rain water seepage in your flat, you have done your roof repairs at your own expenses, you can make complaint against society, to recover the expenses.

Under the Bye-law No. 174(A)(xxii), make a complaint against your society, with all proofs, such as copy of your written complaint made to your society to do repairs of roof slab of your flat, with your repair bill's copy, for which expenses that society has to reimburse you. You can also simultaneously make a complaint to Consumer Court of your district, whose location is usually in District Collector's Office.

Share Certificate of Flat in A Dissolved Society

Q: My father purchased a house in 1980 through society and received all receipts for payments, clearly mentioning about the amounts paid for a share certificate. But actually share certificate was not given to him at that time. Now he is no more and society is also dissolved in 2011 because of some dispute. How can I get share certificate and from whom? A: You have not put your facts properly, so I cannot reply to you in full detail. A flat is purchased by a sale deed. If your father has paid full value of the flat, then builder makes a sale deed with your father. If building is constructed by members, by their individual contribution, then Society can be formed, even before building is constructed, and Share Certificate is given within 3 months of registration of the society.

A registered Co-op Housing Society (CHS) is not so easily dissolved. Therefore, in that CHS building, ask former Committee Members on dissolution of your Building's Society.

If you are not getting proper reply from the members (flat owners) of your defunct society, to know how society was dissolved, then, with all the details that you have, write a complaint to Deputy Registrar of Co-operative Societies of your area, who will give you solution to your problem, to get your share certificate.

Still if you do not get a reply, then please write to us, with your experience in following above procedure.