writ petition in Mumbai HC against co op Societies membership.Need help
writ petition in Mumbai HC against co op Societies membership has been filed by giving only half information.
Dear Experts,
I stay in a house which is situated in a registered society by co op act,land allotted to society by govt and lease deed is in place between society and my grand father, My grand father before his death nominated my elder brother in society in-front of two witnesses he became member on my grandfathers place and my brother added me as a co - member then a person approached society that he has registered sale deed which claimed to be done by my grand father.society refused him for alloting membership
When society was given land by order no 81/70 it was stipulated that no member should be added in society by any mean , tenant,part - owner , or member without obtaining collectors prior written permission.The person didn’t had any permission nor of collector or society then he went to DDR co op society and bought permission that he is eligible to become member subject to prior approval of the society against which i & my brother went to the joint register and he granted the appeal and decided that our membership is legal.In 1996 collector had send letter to the society that any transaction should not happen without prior permission he did registered incomplete sale deed old no 2920/96 and completed it in 1997 5402/97 meantime this letter was issued.
We went to civil court to cancel this persons sale deed in 2008 as he was meeting other people and was trying to create disturbance in our right,prior to that he went to court for possession and he himself withdrew the case in 2008 when the stage was evidence part heard then we filled suit in2008 for cancellation of sale deed in which court granted us stay till disposal of suit and admitted our possession.
We tried putting our father name in property card but this person objected and they said as the matter is pending in the civil court they can not admit our name we have appealed against the same also.
now he is prolonging the matter can i ask courts - permission to add our name as legal heir and what ever decision court will give will be binding on us at the time of decision.
1 Reply
1 This person by some way got order from deputy register co op society office as in 2009 ” petitioner is eligible to become member of society subject to prior written approval of the member ” He never order anything in change of membership he was claiming that our membership has been stopped by DDR , So we went to joint register to get clarity, Joint register gave judgement in our favor stated that we are rightful Member and he can not become member of the society.
2 after 3 years he has filed WP in Mumbai high court which is at pre admission stage.
3 On the basis of one sale deed he is claiming membership is disputed sale deed and most importantly null and void as it is without permission of collector and society which are compulsory conditions to be completed prior of any transaction.
4 We have taken stay on the same sale deed which is till judgement , then how can he move to upper court ?
5 SR div court has agreed and mentioned in stay order that we are in possession of the suit property since start. If he do not have possession how can he claim membership ?
6 When government allotted land to society it was given on specific term and condition according to condition no 3 says that no member or society shall Rent , Leas, sub lease ,or sub membership should be given to any other person without prior written approval of Collector and society. This person have never informed collector or society of abt his so called disputed sale deed.
7 He has informed lower court that he has lost the original sale deed and he don’t have anything in his possession so he can submit only xerox copy.
8 he has not informed high court abt stay order in lower court , abt leased land , or breach of collector order of 1970 , is it not misleading the court by hiding factual information ?
9 Will his writ petition will be admitted in HIGH court.
Dear expert request all of you to guide regarding process and future action plan , i will be great full to all of you.
I have next hearing in few weeks so need your help in this regards.
Thanks in advance
Dinesh patil
9765988860
Pune