Can the 2nd joint holder take objection
Azimurrrehman Ansari
(Querist) 28 January 2014
This query is : Resolved
We have 2 BHK in Mumbai. It is in the joint name of my wife and myself. First name is of my wife and I am the second joint holder. There is a legal dispute between both of us and the same is going on in Thane Court. Presently she is staying in Ahmedabad. She had filed for temporary injunction as well as for permanent injunction. The court has passed two orders in the last two years. First, both the joint holders cannot create third part right either for Leave & License or for outright. The court has also passed the second order dismissing my wife's application for temporary injunction just because I am the second joint holder.
Further, I had given written applications several times to the society that there is a legal dispute going on between both of us and hence share certificate should be kept hold and should not be issued without the second holder's consent/signature etc.
Inspite of my written applications to the society they had given me a letter stating that they will issue certificate to first holder as and when she demands.
My question :
Does the second holder has got the right to take the objection or not for issuing share certificate to her.
If yes, how can I take the action against society.
Does the society comes under RTI Act.
Devajyoti Barman
(Expert) 28 January 2014
Why are bothering about share certificate?
The share certificate even if in sole name of your wife cna not deprive your right/ownership in the flat.
Concentrate in your case, you are after a non issue.
V R SHROFF
(Expert) 28 January 2014
You have to include Society as Party, and get Order against the Society, Otherwise society can say "We are not in the picture, and court order is not binding upon them..
You as a member can move Co-op court and get such order ..
Rajendra K Goyal
(Expert) 28 January 2014
Well advised by the expert V R SHROFF ji, agree to it.
ajay sethi
(Expert) 28 January 2014
agree with shroff
Guest
(Expert) 28 January 2014
Your exercise can prove to be futile without a specific order from the court in your favour.
My point-wise opinion to your question is as follows:
1) In all general matters, the society can recognize the secon joint holder as one of the owners, but so far as the question of issue of share certificates is concerned, the society is bound to deliver the share certicates to the first holder in the absence of some injunction.
2) Appropriate stay order from the court can help you to restrain the society from delivering the share certificates to your wife, when demanded. Even then, her being the first owner cannot be denied unless she transfers the shares as well as flat of her part in your individual name.
3) Society does not come within the purview of the RTI Act. You can however obtain any information about the society's activities from the Registrar's office under RTI.
