Housing Society denying share certificates

[Gautam Nautiyal]

Dear Sir,

I am a resident and flat owner of a housing society at Ahmedabad, Gujarat. Recently our managing committee has started the process of distributing share certificates when i have gone and asked for mine they said that they will not issue it as i have a Chajja (temporary structure) in balcony which is against the society rules.

I told them that Chajja is to safeguard from rain/sunlight and both the matters are entirely different. There are other members also with Chajja, I requested them to treat both the matters differently but they are not listening or even ready to understand.

Sir need your kind advise as am left dejected. Are they right in doing so? Can they be this authoritative and deny the basic rights?

Best
Gautam Nautiyal

[Dr. Ashok Dhamija]

As far as I understand, it is the right of the member of the society to get his share certificates. These share certificates are issued to show his membership rights in the society. If there is any default committed by a member against the rules of the society, then the society can take action in accordance with legal provisions applicable. However, refusing to issue the share certificate appears to be wrong.

At the same time, you should also check the relevant Societies Act applicable in your state and also the byelaws of your society.

     

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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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