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pooja anant (Operations)     21 August 2011

Uneducated committee members

Dear Conern,

I really appreciate your help on this portal and cannot be more grateful to you for your assistance.

Ms. X has an affidiavit stating from Mr. Y that he is ready to sign where ever required in order to have the apartment transfered to Ms. X name's as received 12345 amount amount in the year 1995. Please consider this a full and final consideration.

In 2001 Mhada confirmed that now properties can be transfered the names of the resellers of the respective person.

In 2009 Mhada gave all the rights to the society secertary to underttake the transfer responsibities. In order to have the valid documents Ms. A requested a NOC to pay certain Mhada stamp duty and penalty as the property was under dispute with Mr.Y resulting delay in monthly payments to Mhada and incurring late charges etc,

Since Ms. X now is ready with the 4567 amount. Ms. X wants an NOC from Mhada Society Secretary to have relevant documents and transfer the property under Ms. X names, The secretary has refused the same and is not ready to give NOC an cooperate with Ms. X. Request your help here in ordee to understand our rights and what shall we do, should you need any more info please let me know and I shall facilitae you with the same.

 



Learning

 5 Replies

ajay sethi (lawyer)     21 August 2011

1) when was your society formed .

2) pklease note that as per model by laws no NOc is required . in case seller requires NOc he cna make an application in writing duly isgned by transferor that he is planning to sell property and requires an nOc .

3) in such a case society is required to give NOC

4) if society refuses to give NOc complain to regsitrar of cooperative societies

pooja anant (Operations)     21 August 2011

The society was formed in 1994 -95, This property was bought from Mr.Y who is brother to Ms.X in relation, Ms. X only has a power of attorney ( affidiavit made in 1995 ) stating that Ms.X has paid Mr. Y 123456 amount against that Mhada house and he is ready to sign anywhere required for same in future.]

-Ms.X has in real paid the amount.

-Infact the society also took donation for the same.

-Ms.X has MTNL bill, Ration Card, Election Card, Bank A/c Saving & Current etc.

Please advise is this affidiavit more than enough to prove that the porperty has been purchased in 1995 from Mr.Y.

Mr.Y now wont give an NOC as requested by the society secretary as the relations have turned bitter between  Ms.X & Mr.Y. Mr.Y is denying the fact that he received such an amount against that poperty.For 15 - 16 years Ms.X was following up in order to get the documents against the house, however Mr.Y didnt bother to reply, Ms.X also requested for the passbook to pay off Mhada outstanding to which Mr.Y ignored, now the amount is still outstanding to 3lacs since not paid from 1992, even though Ms.X sent legal notice to Mr.Y; Mr. Y is refusing to accept the same, due to unstable financial condition Ms.X was unable to continue the legal process.

As Ms.X consulted a lawyer again, he informed her to continue the process by sending a legal notice to the society secretary as Mhada has handed over the process to Socitey.

Will the co-operative society court listen to complain from Ms.X or Ms. X has to apply legally.

Please help here,

Kanaksinh P.Boda (Educationist/Lawyer)     22 August 2011

'X' as a consumer can file complaint  in Consumer Foru ,against Y and Secretary, for not issuing NOC, and seek compensation for losses and for causing harassment due to this defiecincy in service.  The relief here will be faster and surer.

Kanaksinh P.Boda (Educationist/Lawyer)     22 August 2011

Please read 'Consumer Forum"

pooja anant (Operations)     22 August 2011

Thank you very much Mr. Boda & Mr. Sethi for your kind reponse and guidance. Really appriceate it. I shall keep you posted on further course of action,

As of now Ms.X has sent her 1st legal notice to secertary.

Should the Secertary gives no reply to the 3rd one, Ms.X will file a case against Society Secetary & the commitee. It is time for the Committee members to elect new members however the seceratary has refused from stepping down of his post, he says only owners are allowed to speak in the meeting held month and not the resellers.

Is this legal? If not than what action can be taken against this, What point can we put across against him the meeting so that Ms.X can speak and by this act all resellers can speak and have their say in the meeting rather than tolerating Secreatary's dominance and bully.He has not even given a clear accounts balance sheet of 1 Lac to 2 Lac INR that was taken from the leave license members.

Where can i get more information on the legal laws for Co-operative Housing of Mhada or any website that i can refer to by stand Ms.X.

the Secetary has caused a lot of cost and mental sickness to Ms.X' husband as he is the only bread earner, now that he is 55 yr he cannot do anything more but put all that he has in this case.

Please can you help me get an advise on this.


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