Delay in order by deputy registrar
satnam singh saini
(Querist) 29 December 2015
This query is : Resolved
Dear Sir,
my mother during her life time gifted her flat in favour of her son in 2011.she forwarded duly registered gift deed to society in April 2013 for recording and transfer of flat in society records but received no response for over 3 months. A complaint was sent to the deputy registrar of CHS with request for deemed membership. On the advise of the deputy registrar appeal was filed by donees for membership u/s 22(2) Mcs act 1960 in sept 2013. Matter was heard and concluded by filing written arguements by both sides in may 2014. My mother was sick with oldage related medical conditions expired in april 2014. Thereafter the daughter intervened in the matter and was allowed as party by deputy registrar and the case proceeded.Till date the deputy registrar has not passed any order even after my request for order. Note the flat was her self acquired property.
kindly please advise in the matter.
Isaac Gabriel
(Expert) 31 December 2015
Fiel a declaratory suit before the civil court and get orders, which will be finding.The Deputy Registrar has got no jurisdiction to decide the fate of the gift deed dispute is raised.
kavksatyanarayana
(Expert) 01 January 2016
Agree with expert Mr.Isaac Gabriel sir. the Deputy Registrar has no jurisdiction on Gift deed disputes.
Rajendra K Goyal
(Expert) 06 January 2016
Full case file including grounds through which daughter was entertained as party need to be referred, discuss with your lawyer.
