Hsg soc delayed transfer of flat in my name

Samir Parekh (Querist) 18 February 2018 This query is : Resolved
There is a Regd WILL & Nomination for a flat since 2010 in my favour executed by a Sr. citizen.
Now in Feb-2017 the testator and who lived together with spouse in that flat, both passed away with a gap of 20 days.
There are two step sons of the testator who are staying apart from their parents since last more than 2 decades.
In March 2017 I intimated the Society about my claim through an Advocate through Regd. Post.
All the Communication was made through regd post as Secretary was not allowing to visit his residence in person who has also denied me that there is any nomination in my favour.
Society did not responded to that notice hence I gave a reminder. After two months Society gave reply through their Advocate that as I am not a blood relative of deceased member obtain probate of the said WILL.
I clarified him again that Probate is not applicable in our area as it is beyond the territory limits of Original Civil Jurisdiction of Bombay High Court. Refer Section 213 read with 57.
Later they didn't gave any reply to that letter further I filed a complaint with Registrar of Coop Societies in Oct-17.
First hearing was held on 11.01.2018 where Society submitted their say that they require Legal opinion from the Registrar on the points mentioned below:
1.Applicant has not applied for membership on the basis of Nomination but he applied as per WILL
2.As WILL is too old whether Applicant needs to obtain the Probate?
3.NOC from two step sons of the deceased member required?
4.Paper notice in newspaper is required?
I submitted my say on second hearing on 15.02.2018. I mentioned that though Society was aware,that deceased member has appointed me as trustee and my nomination was registered in society's record why society unnecessarily delaying the transfer.
Society purposely delays the transfer, not cooperating with me therefore they should be held liable for the delay and financial loss, mental stress & harassment caused to me.
I requested the registrar to award me a deemed membership as society has not given me any reply to my application membership. or as per the nomination.
The Lawyer through whom I filed a complaint was known to Society's Advocate. Both wanted to exploit me financially even Society's Advocate has demanded Rs.50000/- for transfer that too in advance.
Now I am fighting this battle alone.
Possession of flat and original title documents and share cert. in original is either with my wife or the step sons.
I have filed a police complaint for misplace, lost or stolen of the said title deeds & Share cert. but the police did not registered a FIR as its a Civil matter. They gave the acknowledgement for complaint.
I know since there is a valid WILL and nomination no one else would become the member. But officials of society is purposely creating delay.
There is a ongoing dispute between me and my wife since 2015 which Secretary & Chairman wants to exploit.
Society has informed to the deceased member's two step sons about the WILL. They raised objection to it and requested society to transfer the flat in my wife's name.
Now Society somehow succeeded in delaying and stretching the matter for one year may be more without any reason.
Now, I seek your help or guidance to penalise the secretary & Chairman for the financial loss caused to me due to their delay in transferring the flat.
Along with the said complained with Registrar, can I file a compensation suit in from the society for the financial loss as the flat carries a commercial value and I could have let it out. Next date is on 01.03.2018. Registrar also needs to act fast but he is also lethargic & not sensing any priority. Please advice.

SAMIR PAREKH

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