Sale of flat
chirag patel
(Querist) 14 October 2011
This query is : Resolved
I am the chairman of one society in ahmedabad since last 2 years. In our society there was one flat which is in the name of one Pankaj Parmar which is vacant since the society builds approx. 12 years… Mr Pankaj has never approached society nor paid any dues to the society for 12 years ….In our committee meeting the society has resolved that the said flat may be sold out and the amount collected may be used for the welfare of the society and the resolution was passed in the committee meeting by the committee members.
Now that the said flat has been sold out by the society to one party with all the process documentation Mr pankaj parmar suddently arrives in the picture and claimed that he is the owner of the said flat and the said flat may now be handed over to him otherwise he will go to police………..
Society told him that now the time is over and you had never approached society nor you have any documents of the property like allotment letter, possession letter and nothing can be done now. Mr. Pankaj Parmar has played the game by approaching the builder of the society and with the help of the builder he has prepared all the documents like allotment letter , possession letter etc of the back date and go to the police station and made an appeal that the society has fraudulently sold out my flat to the third party.
Police inspector is threatening me that I may be behind bars and u/s 420, 467 and 468 may be charged upon the chairman of the society..
In this matter what can be done…………?
CAN A POLICE AUTHORITY CAN FRAME ME UNDER 420, 467 AND 468
PLEASE HELP
prabhakar singh
(Expert) 14 October 2011
""my father is a chairman of one society""
"" I am the chairman of one society""
Which of the two post is correct.????????????
prabhakar singh
(Expert) 14 October 2011
asked a query in Experts Sale of flat
asked a query in Experts Civil matter
Arun Kumar Bhagat
(Expert) 14 October 2011
Come with true problem. Hypothetical questions are not replied here.
ajay sethi
(Expert) 14 October 2011
1)what the society has done is absolutely illegal . the society has no buisness in selling flat belonging to Mr parmar .
2)when builder sold flats was mr parmar name in the list of members furnished by builder when he handed over posession to the society.?
3)if mr parmar failed to pay dues why did you not adopt recovery proceedings as provided under cooperative societies act?
4)how can society give posession of flat which does not belong to the society to third party ?
5) managing committee of your society would be in serious trouble if the member complains to registrar cooperative societies
Raj Kumar Makkad
(Expert) 14 October 2011
In addition to advice of sethi, I further add that the action on the part of society is criminal offence hence the threatening of police is justified. It is better to resolve matter by canceling the alleged sale and handing over vacant possession to Parmar by making settlement with buyer.
prabhakar singh
(Expert) 15 October 2011
You are lucky ! you got opinion despite your mischievous conduct posting imposture between the two imposing yourself to be father an act as much void as was the sale of house in question.
chirag patel
(Querist) 15 October 2011
whether section 420, 467 and 468 implies upon me ...and whether the owner of the flat can sue civil or criminal suit ..
chirag patel
(Querist) 15 October 2011
can police imposes section 420, 467 and 468 on me...........I am ready to fight in the court of civil court........
ajay sethi
(Expert) 15 October 2011
Mr francis you are an HOn Chairman of your society.
the chairman presides over meetings of managing Committee and In the AGM .
the decision taken by your mangaing committee is absolutely illegal and you do not have any case to justify your deeds .
the owner of flat can drag you to courts for selling his flat .
as chairman of society you are a trustee and decision have to be taken by you for benefit of all members .
i fial to understand on what basis purchaser purchased flat from society? what title society can goive to the buyer?
the original documents must be with Mr parmar . inform the buyer that you cnanot give posession of the flat as society was not authorsed to sell the flat
chirag patel
(Querist) 15 October 2011
i know that the wrong thing has happened but now i want to make it correct...
what is the role of a good lawyer...
to make the accused acquitted......and the accused is paying the fees for acquittal.....
chirag patel
(Querist) 15 October 2011
being a good lawyer how you can save me from this situation......though i had done illegal.
thanks u
ajay sethi
(Expert) 15 October 2011
mr francis you are sadly mistaken .
besides being a lawyer i am also a secretary of my cooperative society for over 8 years .
no lawyer can save your skin . it appears that there is collusion betwen the society and buyer .
if a member has failed to pay society dues you adopt recovery proceedings . you do not sell his flat .
no lawyer will say that he can get you 100%acquital merely because you are paying his fees .
prabhakar singh
(Expert) 15 October 2011
""and the accused is paying the fees for acquittal....."" AGAIN AN OBJECTIONABLE SENTENCE.
THE FEES ,IF ANY ,A LAWYER CHARGES
IS NOT FOR ACQUITTAL BUT FOR DEFENDING THE ACCUSED.
prabhakar singh
(Expert) 15 October 2011
CONTACT Mr. SETHI ,HE IS MUMBAI BASED LAWYER.
email id : ajaysethi64@gmail.com mobile no 9820087763
address: 307 , Natwar Chambers
3rd florr ,
nagindas master road
Fort .Mumbai 400023
prabhakar singh
(Expert) 15 October 2011
".though i had done illegal." IT'S A CONFESSION GIVING NO RIGHT TO DEFEND.
take care of your expressions.
ajay sethi
(Expert) 15 October 2011
mtr prabhakar singh he is in ahmedabad am in mumbai . it is like you are in varanasi and case is in nanital .
J K Agrawal
(Expert) 16 October 2011
Dear Mr Ramesh
An offender engages an advocate to defend himself. If he is not financially sound enough to engage one the Government is duty bound to provide him legal adviser. The Government who is eager to make him behind bars, himself pays to an advocate to contest his case. If government do not provide legal help, the Court will provide him an advocate.
It does not mean that an advocate is engaged to protect a man who is an offender. It simply mean that the innocent should not suffer and an offender should not be punished more then he deserves.
So when ever we appear in court we are not to protect the offenders. All we try that he should be tried legally. No force should be used against him. His trial should be fair and he should be having opportunity of defending himself.
Surender Kumar Sharma
(Expert) 16 October 2011
Thanks Mr. Ramesh Mr. Singh and Mr. Ajay Sethi that you all have kep the dignity of an Advocate. But I think giving advise in not a wrong thing Mr. Singh your advise is always valuable On my opinion every quariest must get right advise for his and society betterment
