Thank you. Yes it is my photo :- )
1. Is the Co-operative Housing Society in Maharashtra?
Yes, it is. Case was filed in 2003. Trial has commenced.
2. Who is the Plaintiff? The transferor, transferee or anybody else?
The Plaintiff is the Transferee. He lives in the same society.
3. Who is the defendant in the affidavits or other documents submitted to the court?
The Defendant is the Transferor
Subject to your answers to the above questions my opinions are as follow:
1.This is a matter, which should have been finished in three months at the most.
It has now come to the trial stage
2. The Managing Committee is perfectly right in refusing to transfer the flat.
3. I do not understand the refusal to submit the necessary forms. Can you not understand the Society has not only to know the identity of the transferee, who would be a future member but also see him/her in flesh and blood. The law was always on the side of the Society and now it is even more so with all the terrorist threats around.
I think he refused because he was trying to buy time. He did not have money to pay the balance even after filing the suit, so by delaying submitting the documents he could gain additional time. He was supposed to pay within 60 days after approval for membership was received. So by delaying the approval for 2 years he was able to buy time. He has kept mum about all this in his Plaint and it is only now that the Court will see the defendant’s evidence.
Also he purposely sent legal notices with wrong name (last name), address and telephone number. So the Defendant never received his alleged notices
4.In any organisation a person cannot be admitted as a member without an application for membership. Membership is mandatory for occupying a flat as a tenant.
5. In which court is the case pending, a civil court or a co-operative court? In any court it is well-known in India that it will take ages to settle matters. Probably the grandchildren of the present litigants may get justice
6. The full amount has not been paid means the stamped sale deed has not been executed. The stamp duty may have increased in 2 years.
He has only paid 10% advance. And has not taken possession. He has not done any substantial acts either. The equity is not in his favour (my humble opinion – am I right?)
7. As refusal of the Society is the reason for the suit, I presume the Society also may have been included as a defendant.
8. As you have already gone to court, either you wait for the order of the court or let the Plaintiff and Defendant together withdraw the case from the court, saying that they would mutualy settle the matter out of court.
The flat has gone up 10 times in value in 10 years. So Defendant does not want to sell now. Defendant will be homeless if he is forced to sell.
9. Pay the full amount, execute the stamped transfer deed and register it.
10. Submit to the Society all the documents asked for by the Society without any murmur and wait for the approval of the Society. The Managing Committe is allowed up to 3 months to communicate their decision. If the Society gives no reply within the period, the applicant shall be deemed to have been admitted as member and he or she can occupy the Flat.
They never submitted the documents and Society has written that since application is incomplete they cannot take any action. So he abused the members and threatened them. Society also filed a police complaint against plaintiff. This will come at trial stage now.
Who is your lawyer? Does he not know co-operative law? Or is he deliberately dragging you to court so that he can earn money? I am not at all a lawyer. I learned law the hard way because of such lawyers.
He is acting strange, like he is siding with the Plaintiff. I don’t know why I get this feeling; I think he is trying to make more money. I hope they change the lawyer.
If you have any further questions call me on 9930305131. If you are in Mumbai, you can visit me if you want any advice. I will not charge any fees. Who will not welcome such a beautiful girl? Don't worry. My wife is always here at home.
Thank you for your kind offer.