Leave and license
jach000019
(Querist) 03 October 2011
This query is : Resolved
on the basis of the WILL of 1998(non regd.and non probated)and noc executed before the notary with book no.I applied the membership to the society and soc.had not replied me about my membership and after 1 year my brother took the objection in writing with the soc. regarding not to transfer the flat premises in my favour though he had also executed the consent of the will and noc for the transfer of the flat premises in my favour single and joint alongwith other legal heirs.
in the year 2006 i file the application before the dy. registrar u/s 22(2) membership alongwith all the necessary documents including the documents of objection raised by my brother and the deputy registrar gave the order in my favour mentioning about the objection raised by my elder brother. and on the basis of that order soc. transfered the flat premises in my name.
when my brother came to know about this he filed the revisional application at divisional joint registrar u/s 154 and joint registrar ISSUED THE ORDER OF STATUSQUO AGAINSTH MY FLAT PREMISES initially and in the final order JT.REGISTRAR remand back the matter back to the dy.registrar for reconsideration of the matter after making my brother as a party.
AND now d. registrar after scrutinization of all the documents and arguments of all the parties issued the order in my favour declaring me as the member of the society.
now i want to give my flat ob LEAVE AND LICENCE BUT soc. is not allowing me stating that you are not the eligible membaer to give your flat premises on leave and licence.
SO HERE I WNT TO KNOW THAT UNDER WHAT CERCUMTANCES AND REASON SOCIETY CAN STOP ITS MEMBER TO GRANT THEIR FLAT PREMISES ON LEAVE AND LICENCE AND HERE WHAT I CAN DO AGAINST THE SOCIETY TO SUB-LET MY FLAT PREMIES ON THE LEAVE AND LICENSE, ON THE CONTRAY SOCIETY HAS REFUSED TO AACEPT MY APPLICATION FOR GETTING THE PERMMISSION OF SUB-LET.
FUTHER IF MY BROTHER IS GOING AGAIN IN THE APPEAL/REVISION TO THE JOINT REGISTRAR U/S 154 SO WILL HIS APPLICATION SECOND TIME UNDER THE SAME SECTION WILL BE MAINTAINABLE MOREOVER ATTHE PRESENT TIME JUDGE OF THE SAME WHO HAD ISSUED THE REMAND BACK ORDER TOTHE DY. REGISTRAR AND IF JT. REGISTRAR AGAIN ISSUES THE ORDER OF STATUS QUO EVEN THAN WILL I BE THE ELIGIBLE TO SUB-LET MY FLAT PREMISES ON LEAVE END LICENCE.
THANKS IN ADVANCE
ajay sethi
(Expert) 03 October 2011
registrar has declared you member of society . what basis has society passed order that you are not eligible member of society . ?
if you are admitted a member society cannot refuse to garnt your application if you are willing to pay non occupancy charges and have done police verification .
you can lodge complaint with sub registar as against decision of society .
ajay sethi
(Expert) 03 October 2011
if your brother goes in appeal against order of deputy registrar and stay is granted by div registrar you cannot then give your flat on leave and licence
Sailesh Kumar Shah
(Expert) 04 October 2011
Action of society is illegal. Make complain before deputy registrar. You can give your flat on leave and license.
jach000019
(Querist) 04 October 2011
society is saying that they have received a letter from my brother stating that my flat premises should not be allowed to sublet for 3 months till the time he is bringing some restrining order.
jach000019
(Querist) 04 October 2011
and if joint registrar issues the order of stay than is it possible to vaccate that stay order and what is the procedure?
thanks to all for your valueable advices all of you are doing the great work for the humanbeings
