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Diego stanga (Self employed)     11 November 2017

Can i lease my property and how

Dear Reputed Lawyers,

I seek assistance in a small problem.

There is a 2BHK house, which my grandmother (died) and grandfather (died) gifted to me and my dad during their life span by a registered gift deed, also my father is the nominee in the said flat. The society based on the gift deed didn't transfer the flat on my name and my father's name for which we had to file a membership case in front of the registerar (it is in procedure till date). Accordingly my father's brother challenged the gift deed in the court of law. The court passed an order on the society, to not to transfer the said flat on me and my father's name till the case is pending in the court. The court in its order didn't stated that the registrar of the society is not allowed to transfer the flat and the said flat cannot be leased. 

My queries are:

1). I'm in posession of the said flat, can I put it on rent? (how can I and what is the procedure of it). 

2). Can the registrar of the society transfer the flat and grant me the membership, if he passes the order in my favour?

3). The society is harassing ous and claiming their lawyers expense by putting it in our society bill (per month Rs.50,000). As the flat is neither on my name nor on my father's name, how can they claim money by putting in our society bill. The society bill is still in the name of my grand mother and my grand father as they haven't granted me the membership. Suggest what to do, earlier I was paying society bill now I have stopped because of this act. 

4). Can I claim my loss of rent till date from the society? (under which law and under which forum)

Kindly suggest any law or law tribunal which can help me.

Regards



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