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Haresh jamnu (GM)     27 January 2011

harrassment by society

My fther in law before his death wrote a will giving his flat in Mumbai to my wife (his daughter).  We applied to the society to admit my wife as a member but we came to know that my mother in law's sister's name too was there as an associate member.  The society has accepted the nomination of my MIL's sister and is hell bent on including the name of the nominee of the associate member.  We got the will probated.  This had no effect on the society.  We then appealed to the registrar who after hearing both the parties has issued orders that my wife should be admitted as the member.  The society still is not transferring the name saying 1) being defendents, the registrar did not send them the order.  The order that they got was the one sent by our attorney asking them to implement the registrar's ruling and 2) The registrar has not clarified what is to be done with the nomination of the associate member hence they will seek clarification from the registrar.

It is 10 years since we first wrote to the society.  We have also givne them and idnemnity and application in prescirbed form.  They have the copy of the probated will and the registrar's order.  What recourse do we have further?  Please advise



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 2 Replies

Audry Fernandes (nil)     27 January 2011

An associate member and Nominee are 2 differenc categories

1. Associate membership  becomes invalid on death of the member

2. Nominee is not the heir - only a caretaker . Will overrules rights of nominee.

Your Managing  Committee is totally incompetent. 10 years you say! Does not the committee change.

I await the comments of our legal members. Does this go to the cooperative court?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 January 2011

1.  The beneficiary (wife)  may again complaint to the coop registrar, asking for directions to the CHS, for implementing its own earlier order.

 

2.  Alternatively,  file a WP in the HC, seeking directions to the society and to the coop registrar,  which will truncate out all irritants (like the society, the MC, the former associate member and others).  HC would dispose of this matter in approx. 6 months.   No point in approaching the coop court, where the matter will dither for scores of years, making the legal costing as equivalent to filing of the WP at the HC.

 

3.  Further, do definetely file a complaint against the society MC in the Consumer Forum for  "MALICIOUS & DELIBERATE NEGLIGENCE &  DEFICIENCY"  and ask for substantial damages.

 

4.  The CHS is bound to honour the probated "WILL"  as well as the order of the coop registrar,  else the MC is liable for contempt of official orders.

 

 

 

 

 


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