It may not be possible to advise you without seeing the detailed papers.
However, let me add that you can first write to the society (if you have not done it already) about the factual situation and let them reply in writing instead of mere oral reply. You should try to find out whether the then Administrator acted fraudulently or it was a mere genuine mistake. Was the administrator acting in conspiracy with the seller?
Further, from the facts mentioned by you, it appears that the seller has misrepresented to you. He must have indemnified you for the defects in his title or for the misrepresentations. You may ask him to make good the losses due to such misrepresentations.
If the society bye-laws permit you to get the status of deemed member, then you may be entitled to the same. But, it depends what are the rights and liabilities of a deemed member. You may still be liable to pay the lawful society charges, as admissible under the bye-laws.
In case nothing works, you can of course, approach the appropriate forum / court for seeking the legal remedy, since it appears that you are a bona fide buyer for consideration. If you are forced to file a case, you’ll have to make society a party, and in addition, the then administrator may also be made party depending upon the detailed factual situation (i.e., replies received from society).
Generally speaking, if the administrator was acting in a bona fide manner, exercising his lawful powers on behalf of the society, the society may also be held responsible for his acts and at least you should not be made to suffer for somebody else’s fault. An outsider (i.e., a new buyer like you) may not always know about “indoor management” of the society and you can try to make use of the legal principles on the lines of the doctrine of indoor management.
Please consult some good lawyer at Mumbai who is well versed in society laws for proper guidance.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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