Property issue in a co-op hsg society

Querist : Anonymous (Querist) 01 October 2010 This query is : Resolved
Hi, I have a Flat in Sion, Mumbai. The Flat is in the name of my Grand father who is no longer alive. I have the Power of Attorney. The issue is that, on the Flat agreement (This is a co-op hsg soc), there are 2 names, my grand father and a 3rd party. Alongwith this, the 3rd party's name is mentioned in the Application of the members of the scoiety which is sent to the registrar of societies office. However, this 3rd party has Never come to this falt, has nothing to do in my flat and has NO objection in me seeling the flat, however, has FLATLY refused to give this in writing/bond/etc. Now, another fact is that, on the Share certificate, there is only 1 name which is of my grand father, in the Society Bye-laws, there is again, only 1 name, which is of my grand father, the nomination form has My name (in which the society has put a clause that I only have the right in this flat, to the extend of shares held by my grand father), all the society outwards, have only my grand fathers name, electricity bill, mtnl landline bill, societyoutgoing, etc has only my grand fathers name. The society is UNWILLING TO DELETE THE name of the 3rd party and has refused to GIVE AN NOC. I cannot sell the flat. Is there any option available?? I have no contact with the 3rd party and all efforts to contact them are in vain. Will the registrar of society have any authprity to direct the society to a) transfer the share certificate in my name? b) give me a NOC to sell this flat to anyone? c) delete the name of the 3rd party from records? d) since the society has put the conditional clause in the nomination form, can this point be challennged??

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DEFENSE ADVOCATE.-firmaction@g (Expert) 01 October 2010
Go to the co op court of your area and engage a good advocate.

Querist : Anonymous (Querist) 02 October 2010
Can this matter be resolved?? What are your thoughts on this entire matter??

Querist : Anonymous (Querist) 05 October 2013
I have now filed this case wth the Registrar as the Society is adamant.. Pls advice further.. Also, the agreement has an incorrect flat number mentioned.. Hence, the only proof is the share certificate.. The original agreement is lost.. I need some advice urgently..