Injunction order
Querist :
Anonymous
(Querist) 30 April 2010
This query is : Resolved
15 years back a injunction order was issued by co op court in favour of "A" Restraining the co - op society to tranfer the shares held by A's Late father with respect to the flat in the society to anyone except A. As per the record of the Society "B" brother of "A" is nominee. Even after 15 years today 'B' is NOMINEE as per society and shares in the name of their father.
Today both A & B are no more and legal heirs of A & B wants to transfer the flat in their names jointly and then sell the flat to take equal share each.
So they have made an application in this regard to society. Now society is saying that your case is complicated and they need the status of injunction order.
My question is the person in whose favour the oder was passed is no more. His legal heirs are ready to be joint share holder in flat with B's legal heir also B's legal heirs are ready for this. Then why society is creating the issue. There are no other legal heirs of the Original share holder [Father] except above mentioned.
What should we do?
Society is not replying properly and only taking meeting after meeting and that too once in a month.
Regarding the status of injunction order: It is a order [Judgement] so it may e valid even today. Pls comment
s.subramanian
(Expert) 30 October 2010
The injunction order has expired on the death of A it is no more valid. If the society is wantonly delaying things,you can file a suit for mandatory injunction against it for remedy.
