Cooperative housing society
vinayak
(Querist) 07 November 2015
This query is : Resolved
my late grandfather is the owner of a flat in a cooperative housing society. He died without a will.
After his death there was a dispute with respect to the flat between my father and my uncle. There was a dispute with respect to nomination of the flat.Both were aware of the fact that nominee is mere a caretaker and not the owner.
my father got an injunction order from cooperative court restraining my uncle and society to sell/transfer the flat.
My fathers intention was all the heirs should get the equal share.This was around 20 years back.
Presently both my uncle and father are no more and we [myself and my cousin] want to sell the flat and take equal share.
We [myself and my cousin] dont have any differences and we have applied to the society to transfer the said flat in our names as it is still in the name of
my grandfather.
however now the society is asking for document stating the order/case is dismissed.
Neither me nor my cousin has the injunction order copy and we are aware that no one has made a follow up after the order. We are not aware of the case development.
please let us know which documents are required from us to be submitted to the soceity in order to transfer the flat in our names.
Also how to get the document stating the case/order is dismissed.
Dr J C Vashista
(Expert) 08 November 2015
What is the basis/reason for the society to ask for copy of judgment/order? You or your family members might have informed the society qua any such suit decided?
Can the cooperative court grant injuntion, which court, where is the court and under which provision?
Consult your father's lawyer for copy/ documents.
Rajendra K Goyal
(Expert) 08 November 2015
If society is asking, possibly it may be having copy of stay order / reference of the case. Get clue from there and proceed.
R.K Nanda
(Expert) 09 November 2015
consult local lawyer.
Anupam Lahiri
(Expert) 11 November 2015
Vinayak Ji,
The Cooperative Society Law differs from State to State. Pls tell in which State the Coop is situated.
Certain legal points have to be analysed given your fact situation.
It is also not clear as to the exact nature of the case in which your father and uncle were involved. Get the information from your father's advocate. He may throw some light on this matter.
K.S.Srinivas
(Expert) 12 November 2015
Agreed with Sri Anupam Lahiri.
