Submission of nomination form for flat in housing society

Mehta (Querist) 05 March 2020 This query is : Resolved
I have filed an Appeal with Dy. Registrar of Housing society, Mumbai regarding Deemed Membership under section 22(2) of Maharashtra Cooperative Society Act. 1960. Appeal is pending.

At this stage, can I file Nomination Form with the society ? Will it create any complication as far as Appeal is concerned ? Please advise.

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A housing society member, whose appeal regarding deemed membership is pending with the Dy. Registrar, is asking if they can submit a nomination form to the society. Experts generally agree that filing the nomination form is permissible and should not negatively impact the ongoing appeal. However, the society might refuse to accept it until membership is formally granted, potentially requiring a further appeal.

Raj Kumar Makkad (Expert) 05 March 2020
Filing or entertaining Nomination Form while pendnacy of the appeal pending before Dy. Registrar is no bar and the same shall have no effect upon the appeal.

SHIRISH PAWAR, 7738990900 (Expert) 05 March 2020
Dear querist,

As per me. You can file nomination form. However society may not accept it as you need to became member first. After becoming member you can file nomination in society.

Regards,

Mehta (Querist) 05 March 2020
Expert Shirish ji, my admission of membership is unreplied by the society hence I have preferred an appeal u/s 22(2). Now my purchaser is willing to file nomination in my favor.

Raj Kumar Makkad (Expert) 05 March 2020
There is no legal hurdle in filing the nomination/

Mehta (Querist) 06 March 2020
Thanks to all Experts for their valuable opinion.

Raj Kumar Makkad (Expert) 06 March 2020
You are always welcome Mehta.

KISHAN DUTT KALASKAR (Expert) 06 March 2020
Dear Sir,
You may contact local advocate who has authority on the relevant rent acts.

Rajendra K Goyal (Expert) 16 March 2020
file the nomination. If refused by society, may further go for appeal.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
The appeal before the Dy. registrar is a different cause of action and a different subject to that of the nomination now proposed to file.
You can submit the nomination form to the society, let them take action or return it with their remarks for which you can prefer another appeal.

Mehta (Querist) 22 March 2020
Thanks to all experts for their valuable advise.

Rajendra K Goyal (Expert) 22 March 2020
You are welcome, may revert in case any subsequent information required.

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