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shailendra (Dy. Manager)     15 March 2011

Gift Deed Urgent Help...

Respected Sir,

                        My mother has gifted me a self acquired property flat situated at Mulund ,Mumbai . We have registered the gift-deed on August 2010. Also we have submitted all relevant documents ie. Gift-deed , resignation of present member, Transfer forms etc. to the society Secretary . The secretary is demanding Rs. 25000 as a Transfer premium & Rs 25000 donation to complete the transfer request.
We have brought to their notice that ,the transfer is between mother & son and as per Bye laws Transfer premium & Donation is not payable ,The same we have conveyed thru a Reminder- I letter to the society .They have acknowledged with a remark “will discuss this issue in comitte meeting”
After waiting for 3 months they verbally told us that “ There is no Transfer premium required to pay ,but only Donation Rs. 25000 needed.” We finally sent a letter to the society that , it is already 3 months period is over and there is no action or reason given from your end about our Transfer. As per Bye law I am a deemed member of society. The secretary acknowledged with remark “the issue will be discussed in Sp-AGM “. The sp. AGM held in the month of March 2011 ,where they have decided to complete the Transfer of another member’s Gift deed ( within family member) who has already paid Transfer premium & Donation Rs 25k + 25k to the society , And keeping Hold on our Transfer.
It is almost 8 months passed on our Transfer proposal now . We are now in the process of issuing a Dy. Registrar notice to the society.
In the whole process my mother Aged 79 yrs & my family is being harassed mentally due to corrupt practices followed by the secretary and other committee members they are misleading us.
Sir,    my querry to you is ,

1) Society is taking emotional advantage of my aged mother ,as not allowing me to talk or Handle the case on behalf of my mother , as per them I am not a member.
We have also submitted the Associate Member form to the society , but still they are misleading us by keeping on Hold.
What further action can I take ?

2) I want to teach a permanent lesson to Sec. & chairman in terms of Penalty from their pocket.
As a consumer what can I do further?

3) What steps you suggest me to take in future also to deal with such rigid & arrogant Secretary / chairman.

Thanks & Regards

shailendra patole



Learning

 1 Replies

Aashish George (lawyer)     24 June 2011

hi,

just read what you wrote and before i tell u the solution to your problem, let me clear the air that i am not that well experienced in this field. its been only an year since i started praticing. i feel you should file a writ in high court against such mal pratice and to give ur case extra strength you should make your mother file the case against the society. keep all the document and letters that they have sent with u along with a copy of bye-laws that u just mentioned and hire a good lawyer. it wont be long when they will start beggin you to show mercy on them.


let me say this again, there are a lot more people smarter than me here. so, always take a second opinion.

take care


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