Co-operating society case

Querist : Anonymous (Querist) 13 August 2020 This query is : Resolved

sir, I got a shop which is paternal property in mumbai. In this shop my brother and
i have a equal ownership. My shop is under society's rule and regulation. In this society
there are two secretary one of wing -D and another is of wing A,B,C,D.
The wing D's secretary is fraud. My brother has transferred ownership of this shop in his name by illegal manner
with the help of wing D- Secretary.
and D-wing secretary gave him Gumasta licence and No objection in transfer of
Electricity bill in his Name.

sir,i complained this matter to secretary of A, B,C,D Wing, then he included my name and my brother's name
in society shop maintanence bilL. Sir, my father hadnot payed maintanence Rs6 1/2 lakhs so, the secretary of A,B,C,D
had put all this matter including fake secratary of 'D'wing before the Distric Deputy registrar of co-Operative Housing
society dadar(w) Mumbai.It went from Aug-(2019) to Jan (2020) and the result doesnot came till now.

sir, "A,B,C,D Wing society" Lawyer is telling me, your brother is not able to pay 6 1/2 lakhs Rs so, you pay all amount
and get share certificate but she is not telling anything about possession of the shop which i want.
sir, i want to know whether the society or Registrar court will help me to get Possession of the shop or
I have to again file a case against my brother for getting possession of shop.

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Quick Summary

This discussion concerns a dispute over a co-operative society shop in Mumbai, where one brother allegedly transferred ownership illegally with the help of a fraudulent society secretary. The other brother is seeking possession of the shop, but the society's lawyer suggests paying off significant arrears. The consensus is that the Registrar's court likely cannot grant possession, and a separate civil suit may be necessary to resolve the ownership and possession of the shop, though an amicable settlement is also advised.

Isaac Gabriel (Expert) 13 August 2020
In this context, the legal heirs are entitled to take over the house. If there was any sruggle either by officials or by Management, you can file an arbitration with the Deputy registrar.If no result is forthcominfg from the Registrar, file a case with the judicial munsiff court for remedy.

Dr J C Vashista (Expert) 14 August 2020
Mr./ Ms. Anonymous,
Does a cooperative society have 2 secretaries and function separately ? Unbelievable.
Does Cooperative Society permit commercial activity in the premises ?
Vague and confusing statement, be clear and specific.

Rajendra K Goyal (Expert) 14 August 2020
It is doubtful Registrar will order to give exclusive possession to you if you pay the arrears.

The concern of the Society is to get the arrears otherwise it may proceed as per rules / bye-laws.

Better try to have amicable settlement.

Engage a lawyer and defend your case before the Registrar.

Hemant Agarwal (Expert) 15 August 2020
1. Society .OR. coop. Registrar have no legal jurisdiction to give you possession of shop.

2. For possession of shop, you will need to file suit in the local Civil Court, with all supporting documentary evidences and witnesses. Civil Court cannot decide about outstanding dues of a Coop. Society.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Message likes : 2 times

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