After 29 years some one is challenging our sale deed..
Querist :
Anonymous
(Querist) 31 August 2020
This query is : Resolved
Dear Professional Colleagues, I request your expert advice on the below:
My Aunt was a member of one of the Co-Operative Housing Society under the Andhra Pradesh Co-Operative Societies Act, 1964. She had purchased (been allotted) a Plot of 310 Sq yds in January 1990 through a registered sale deed executed by then incumbent Office bearers President & Secretary of the Society and the sale deed was duly registered in the area sub-registrar’s office as per the jurisdiction. Right from the day one till today the plot is under her custody.
In addition to the original sale deed, she is also holding her duly attested Photo Membership Card containing her ID No., Plot No., with Seal of the Society etc., issued by the Society. She was also elected as one of the Director of the Society in the General Body (GB) Meeting held in Aug 2003.
As per the minutes of the meetings, the last election of the Society for electing the Executive Body under the State Co-Operative Societies Act was held in Aug 2003, thereafter the Society became defunct as majority of its founder members were expired and there were no active members to continue the legacy. Subsequently, many people have constructed residential houses and living in this society.
In Aug 2016 - my Aunt had constructed a basement in all four sides of the plot. While the basement work was in progress, one of the neighboring person started troubling her and lodged a misleading complaint with the local municipality stating that “”my Aunt is constructing a house without proper plan”. Municipal authorities visited our site, inspected the basement work being carried on, realized the fact and went away. In the same month in Aug 2016, my Aunt has filed a Writ Petition in the Hon. High Court and obtained an Injunction Order against the Municipal Authorities from demolishing the basement. The neighboring person who made a compliant to the Municipal Authorities was also made one of the respondent in the above Writ Petition/injunction Order. None of the respondents including the neighboring person had responded to this Order. The interim order is still in force.
In Nov 2018 – when my Aunt was trying to dispose the Plot, the same neighboring person sent her summons from the District Civil Court pretending himself as a Present of the Society claimed to have elected in March 2015. With this background the facts of the case are –
1) According to the proceedings received from Sub-registrar of the Cooperative Societies, the second Executive Body (EB) was elected in June 1983 and they were serving the office till the next Executive Body was elected in May 1992. Each term of 5 years but two terms are allowed;
2) Subsequent General Body meetings were held in June 1995 & Aug 2003;
3) President & Secretary who had executed my Aunt Sale deed in Jan 1990, were initially elected to the office in June 1983 and again got re-elected either as Vice-President or a Director in the subsequent General Body meetings held in June 1995, proving their bona fide presence and continuous involvement in the society activities;
4) As a matter of fact, my Aunt herself had been elected as a Director of the Society in the General Body Meeting held in Aug 2003;
5) My Aunt’s sale deed was executed in January 1990 since then she is having a clear title and occupation;
6) As stated above, our High Court Injunction order issued in Aug 2016 still in Force;
7) The neighboring person never been a member of this Society but living in this area for many years and trying to take every advantage of people especially Senior Citizens for want of money;
8) Taking the advantage of defunct status of our Society, with a mala fide intention, he has joined hands with the Co-Operative authorities and revived the Society in March 2015 (after 12 years of it’s last genuine meeting held in Aug 2003). Mentioning few unknown names as Secretary and Directors in the minutes, he claimed to have become a President surprisingly in March 2015.
9) Being a Member and elected as Director in Aug 2003, my Aunt never received any notice of such meeting claimed to be held in March 2015 by this neighboring person;
10) The so called neighbor was no way affiliated or involved in the society activities at the time of registration of our sale deed in Jan 1990.
11) For the first time he claimed to be elected as president in March 2015.
Claim of the Neighboring Person:
a) After 29 years of executing the bona fide sale deed, now he claims that during Jan 1990 (when the sale deed was registered) there was no valid committee to manage the affairs of the Society and President and Secretary (duly elected and holding the office at that time) were not empower to register the above plot in favour of my Aunt;
b) There was no committee for the period from July 1986 to April 1992;
c) On these grounds, with a mala fide intention, he is falsely claiming for the cancellation of sale deed and recovery of the Possession.
d) Earlier, the same person had encroached a huge amount of park land in this society in collusion with local Municipal authorities.
Is the above Claim of the Neighboring Person tenable under the law:
A) Is it not barred by Law of Limitation?
B) What is his identify at the time of registration of sale deed and sanctity of his claim after 29 years?
C) He did not respond to our High Court Injunction order issued in Aug 2016 which is still in Force;
D) Can his claim of becoming a President in Mar 2015, after 12 years of the previous General Body Meeting in Aug 2003 tenable? Please help us.
Isaac Gabriel
(Expert) 31 August 2020
Bcoming President of the society has no relevane to nullify allotment done by the competent board.So far cooperative Housing societies, might seems to be right. This is a fit case for enquiry under the cooprative societies Act.Send a petition to the Deputy Registrar to set everything right as per the bylaws and the cooperative socities Act.
Dr J C Vashista
(Expert) 01 September 2020
Be brief and specific for consideration and obligation of experts.
P. Venu 
(Expert) 01 September 2020
Be brief and post simple facts. But the question is , how is that the Society is the owner of the property? Secondly, had your obtained the necessary permits for construction?
Rajendra K Goyal
(Expert) 02 September 2020
Your aunt should file counter cases against the person, so called society regarding the validity.
Lodge complaint with the society.
The facts suggest that the case may drag for long, discuss in detail with local lawyer and her High Court lawyer on steps to be taken.
