Bonafide buyer of a cghs flat from existing member
Prasan
(Querist) 01 January 2014
This query is : Resolved
I bought a flat from a lady (Mrs X) in a cooperative group housing society at Gurgaon from an existing member about 4 years ago. The membership has now been transferred in my name about an year ago. I got a letter from Society office that Mrs X had committted a fraud and not revelaed the fact that even her husband has a membership in the same society. Now as per bye-laws, society wants to cancel my membership too. Can they do that? what should be my defense, as I am a bonafide buyer? Weclome any advise/suggestions.
Thanks
Devajyoti Barman
(Expert) 01 January 2014
They can not cancel the membership as x was also a co-owner and legally speaking she can transfer her half share.
First check whether she was the full owner or half owner of the flat transferred.
Prasan
(Querist) 01 January 2014
Sorry if I confused you Mr Barman. I state the facts again:
I bought a CGHS flat from Mrx X in Gurgaon about 4 years ago. she was the sole owner of the flat. I got the membership transferrred to my name as well last year. Now I got a letter from society which states that her husband ( Mr HX) also has another flat in the same society. Since Mrs X did not reveal the fact that her husband also has another flat in the same society, whe violated the bye-laws of the society. Under this clause, society wants to cancel the membership of Mrs X. Since the membership is transferred to me now, they want to cancel mine too. Is that allowed? What are the options that I have? There is no way that I would have known about the other properties owned by relatives of Mrs X.
Thanks
ajay sethi
(Expert) 01 January 2014
they cannot cancel your membership . you are a bonafide purchaser and society has already transferred flat in your name . society has to move court if it wants to set aside your membership
Rajendra K Goyal
(Expert) 01 January 2014
They can not do so, Take permanent injunction decree.
R.K Nanda
(Expert) 01 January 2014
AGREE WITH EXPERTS.
Hemant Agarwal
(Expert) 02 January 2014
for : PRASAN:
1. Society membership disputes can be resolved only in the Cooperative courts.
2. The Society has no jurisdiction to cancel /revoke any membership of anybody. Hence your membership is absolutely safe, atleast in legal terms.
You also have a option for filing criminal proceedings against the Society Mg.committee, criminal intimidation and forgery.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Guest
(Expert) 10 December 2014
Well Advised
Anirudh
(Expert) 10 December 2014
DESPERATION IS SHOWING ON THIS FELLOW.
HE IS DIGGING 11 MONTH OLD QUERY AND ENDORSES THE ADVISE OF OTHER EXPERTS!!
WHAT WAS THIS FELLOW DOING ALL THESE 11 MONTHS??
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful
