Cooperative society act
Arun Shah
(Querist) 15 March 2015
This query is : Resolved
I am a member of a cooperative housing society. The land of the society was acquired by the Government of Rajasthan several decades ago for a public purpose. However, when it did not need it for the purpose, it returned the land.
In the meanwhile, on account of another action of the government, a part of the land got into some dispute and the affected party (not part of the society) managed to get a stay. This stay has been operative for the past over a decade.
The Society in the meanwhile went ahead with allotting plots to its members and some of the members were on paper given plots only on paper as part of the land was under dispute. Rest of the members got title deeds. for their land from the government.
1. Was it legal on part of the Society to give some members land on a dispute piece.
2. Was the Government of Rajasthan/Registrar of Societies right in accepting such allotments - where some of the members have been denied their rights.
Jayaraj Poojari
(Expert) 16 March 2015
1. It is not legal to transact a property which is in dispute before a Civil Court despite an injunction, and it amounts to Contempt of Court.
2. There is nothing wrong in registering a property which is not in legal dispute. I presume that the members who got title deeds purchased from that part of the land which was not in dispute and also not subject to an injunction.
Dr J C Vashista
(Expert) 17 March 2015
Q 1. It is illegal till title is clear.
Q 2. Wrong. Defective title cannot be transferred to the members of society.
For further consultancy/proceedings yu may contact me on prepaid advise.
Dr. (Maj) J C Vashista, Advocate
Delhi High Court,New Delhi Cell# 9891152939
email: majjagdish@yahoo.com
Rajendra K Goyal
(Expert) 17 March 2015
Agree with the expert Dr J C Vashista ji.
