Advice regarding court order
Querist :
Anonymous
(Querist) 16 February 2020
This query is : Resolved
sir,I have a shop (in Partnership with my brother) in santacruz,Mumbai which is parental Property. Since Jan 2015 my brother has not given my share of rent.
He capture my part of shop mischiviously and owned shop by his name in fake society and this fake society has given him Gumasta license,
electricity bill,BMC documents all in his name.
sir,now I informed this matter to authorised society secretary in 2018 November and society has submitted this matter to
Deputy registrar of housing society Dadar west mumbai.As my brother has not filled society maintenace which is about 7 Lakh.Society asked me to pay society maintenace
and get share certificate as decision of Registrar of court has not yet come but society is demanding Lumpsum amount before court order.
Sir, I wanted to know what the process of Registrar of Housing Society ,Dadar(W) for court order. Society advocate told me there is no time given to you by court.
The registrar Housing society court will cease your shop and auction it. What should I do.
Should I wait for court order or should I pay maintenance bill.Your advice on this matter is highly appreciated.
Thanking you
Nirmala sharma
Isaac Gabriel
(Expert) 16 February 2020
It is advisable to challenge the illegal title created by your brother by suppressing the facts of legal heirship before the civil court.With regard to maintenance charges the society has impleaded as respondnet before the Deputy Registrar for trhe collection of maintenance through Arbitration.Nefvertheless you can argue your case before the Deputy Registrar and seek vacation of the flat and cancel allotment to your brother by the society in accordance with the bylaw and coop.Society Act.
Raj Kumar Makkad
(Expert) 16 February 2020
Until and unless the documents showing the exclusive ownership of the demised property are not set aside and you are not legally shown as owner in possession of your share, you are not liable to pay even a single penny of the maintenance of the said society.
T. Kalaiselvan, Advocate
(Expert) 22 February 2020
You may wait for the court order.
In case the society is putting any pressure on this, then you may file another application before court seeking to restrain the society from making the huge demand for arrears of maintenance in the wake of a suit pending before the said court
You may discuss with your advocate and proceed on the suggestions made based on the prevailing circumstances at your end.
Querist :
Anonymous
(Querist) 01 March 2020
Sir, the above case is going on in Deputy Registrar Housing Society, its last hearing was in December 2019 but till now the decision for court order from Deputy
Registrar Housing Society hasn't come.Sir, I want to know how can I get information regarding my case from Deputy Registrar Housing Society, Dadar
As I can't go to Mumbai frequently as I am very old in age.
Raj Kumar Makkad
(Expert) 01 March 2020
You might have engaged a lawyer for contesting your case before Dy Registrar and if yes, contact him for the given problem.
Guest
(Expert) 02 March 2020
Makkar / Makkad's answer to contact Querist's Advocate confirms his lack of experience and knowledge
Guest
(Expert) 02 March 2020
Well advised by Advocates/ Experts Mr.Isaac Gabriel and Mr.T.Kalaiselvan
Guest
(Expert) 02 March 2020
Dear Author, The details required by you could be obtained by writing to concerned officials as information to be given under Right to Information Act and Rs10/- Court Fee stamp to be affixed in your Application please
Raj Kumar Makkad
(Expert) 02 March 2020
As child is full of 'Gyan ki Amritdhara' obtain its benefit as all others have no knowledge.
Raj Kumar Makkad
(Expert) 02 March 2020
As child is full of 'Gyan ki Amritdhara' obtain its benefit as all others have no knowledge.
Raj Kumar Makkad
(Expert) 02 March 2020
As child expert is full of 'Gyan ki Amritdhara' obtain its benefit as all others have no knowledge.
Raj Kumar Makkad
(Expert) 02 March 2020
As child expert is full of 'Gyan ki Amritdhara' obtain its benefit as all others have no knowledge.
Raj Kumar Makkad
(Expert) 02 March 2020
As child expert is full of 'Gyan ki Amritdhara' obtain its benefit as all others have no knowledge.
Raj Kumar Makkad
(Expert) 02 March 2020
Child Expert has now opened a shop distributing certificates of Knowledge. Any expert can take its benefit.
Guest
(Expert) 03 March 2020
All the repeated unwanted posts of makkar/makkad confirms the symptoms lying in him aberration, dementia derangement,lunacy, mania etc and sorry to say its high time for his treatment please
