Multiple cases
yeteendra naidu
(Querist) 27 August 2012
This query is : Resolved
sir,
mysel & my youngest sister are the nominees for an open plot under a co-op society. other sisters and brothers have filed multiple cases in different courts to claim a share in the property. civil court dismissed their case for default, later High Court also dismissed for default. once again they went to arbitrator Registrar of Co-op. Societies), here too it was dismissed for default.when we fled a case in consumer forum they applied for impleading them in the case. Like this they are deliberately delaying a settlement. under the circumstances please advise me as to how long i should wait and is there a possible way out. can they reopen the dismissed cases even after a few years, as it is it's more than a decade since the first case was filed in the civil court(1991). For transfer of membership despite my sister giving a 'no objection' for transfer of membership in my favour, the society gives a lame excuse that since there is a case in the consumer forum it wll be subjudice to take any action. wrote a complaint against the inaction of the society to the registrar but no action initiated so far. please advise.
thanking you all in anticipation
Dr J C Vashista
(Expert) 27 August 2012
Dear Naidu,
In one go you are telling different stories like filing case in Civil court then in High court and then before Registrar, please be clear where does the case survived?
Once a case is dismissed (on merit or default) if not restored/challanged before higher court the same is a closed case.
Raj Kumar Makkad
(Expert) 27 August 2012
I can understand that the society is not changing the property in your name under the grab of pendancy of court case. Consumer complaint cannot be regarded as a suit meant for change of name or no matter of title can be decided there so society should be informed in this regard and if even then you are not been provided with the desired relief, file a civil suit against the society impleading registrar as one of the parties as he has also failed to initiate any action in the matter.
ajay sethi
(Expert) 27 August 2012
society is playing safe . in view of avrious suits filed by legal heirs society dosent want to take any chances . mere nomination does not make you the owner of the prermises . you are a mere trustee for legal heirs .
obtain succesiion certificate from court .
JANAK RAJ VATSA
(Expert) 27 August 2012
consumer courts do not decide the titles of the property. file a civil suit impleading the society as also the RCS to allot you the shares
