My family has been in possession of flat since 40 years whose right as owner is being enjoyed by my uncle. The said flat has been leased by MHADA in 1961 and at present it has been trasnfered in the name of CHS via sale of deed in 2001. The possession of the flat is with my father who is not a member of the society nor he is a nominee. Hence the share certificate has been issued in favour of my uncle. My uncle is refusing the transfer of the said flat in my father's name. Formerly my father used to pay rent to MHADA as he was staying in that flat. But the receipts issued are in favour of my uncle. We are also tendering the society dues but the receipts are being made again under my uncle's name. The dues are paid through cheque. My uncle has fraudulently introduced his name without informing my father at the time of purchasing. He keeps on objecting our possession now and then and alleges that he would kick us out of the flat anytime. I would like to know if there is any case law of honourable supreme court in this regard. Is there any way through which I can atleast transfer the shares in my father's name. The Society is ready to support us.
