Societies filed wp against deemed conveyance
Mohammed Rizwan Shaikh
(Querist) 03 May 2014
This query is : Resolved
Dear Experts,
On a larger plot of un-conveyanced land there are 24 individual societies. One of the Society got Deemed Conveyance and registered the same. 12 societies opposed the registered Deemed Conveyance and filed a WRIT in the HC. When inquired with the Society members, the said 12 societies didn't pass any resolution to file a WRIT in the court and even appointed an Advocate for the same. The said 12 societies made party to the rest 12 societies in the said WRIT. The reason behind doing so is that the land owner of the said larger lured them with the offer and a thick layer of money is involved in it.
How can the rest 12 societies can take legal action against the 12 societies, as they filed the case without any knowledge of the society members?
Do we have any provision to file a criminal case against the said 12 societies?
I would appreciate if you help with the judgements or citations in respect to the deemed conveyance of an undivided land?
How far can they succeed?
Regards,
Rizwan Shaikh
Dr J C Vashista
(Expert) 03 May 2014
1.Rest of the 12 societies shall have to defend their case filed by the 12 societies, even if it was filed without any knowledge of the society members.On receipt of notice rest of the 12 societies have come to know about the case filed against them also.
2. Subsequently rest of the 12 societies can file a case u/s 499/500 IPC besides a civil case for compensation of damages for defamation against the said 12 societies i.e., after the writ petition has been dismissed
ajay sethi
(Expert) 03 May 2014
resolution by Managing Committee is necessary for society to file any writ petition . other societies can raise the plea that writ petition has been filed without any authorisation .
also fight the writ petition filed by said 12 societies on merits .
Rajendra K Goyal
(Expert) 03 May 2014
Fight the case on merit. Agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 05 May 2014
The writ to be challenged properly and other case to be fought on merits. For judgment or citation you may browse the appropriate web sites.
dr g balakrishnan
(Expert) 11 May 2014
First how these societies landed on the said property is the main question, followed by another question how that land was sold and if at all registered under registration Act concerned, thirdly, who sold and who bought? what is the authority of documents as evidence value is to be examined, where is the money deposited in what bank accounts n details to be seen or investigated; whether the land was in the right legal position with seller at the time the land was sold; and like this dig deeper to find relevant evidence and arrest those persons involved, as also chief promoters of 12 societies that kind of tracking is indeed very tedious yea one has to do is essential;
on what basis deemed conveyance is done also need to be seen and examined; cooperative laws are not for looting purposes that one clearly need to note;
then again move against all under sec 17 of contract Act ..'fraud', then misappropriation....etc;
take to RTI method seek documents copies from all relevant authorities; how banks advanced loans also by RTI methods, go deeper, collate and marshal facts..
then make basic opinions under what laws and sections could be applied; then see what kinds of Writs might be possible?
like that one has to go deeper.. there is no easy method please!
Mohammed Rizwan Shaikh
(Querist) 12 May 2014
Many thanks for the experts who've helped me so far....and would sincerely appreciate be thankful to Shri. Balakrishna Sir for putting down his question which will definitely be helpful in near future...
Balakrishna Sir,
...here's the issue.....on a larger plot i.e. 10 Acres land, there are 24 buildings.....and there's a federal body (hereinafter referred as XYZ CHSL)on which the land has been conveyed.
As per the flat agreements, the builder clearly stated that the after the registration of the society the newly formed society shall be a part of XYZ and the XYZ shall give conveyance to the newly formed society within a period of 4 months. Our society has the signed "Form Z" which was submitted by the Builder/ Developer during the registration of the society 32 years back and the same has been attested by Advocate and Special Metropolitan Magistrate.
Now, as one of the society out of 24 societies got the Deemed Certificate and got it registered.
XYZ laid the offer for Redevelopment as theres a thick layer of money is floating, few societies declined their offer as the offer had a very shocking remarks that the Offer shall be valid subject to the clearance of the CRZ and PH.
XYZ got restless as his share is going out of the hand so XYZ filed WP against the Deemed Conveyance. Also the Dalal's from the 12 societies didn't want this thick layer go out of their, they filed WP against the Deemed Conveyance Registered Certificate and made party to the rest 12 societies including my society.
Please note that none of the Society passed any resolution to file a case neither authorized any Authorized Representative against the Society which procured Deemed Conveyance. The reason behind the same is just to delay the re-development process and refrain the rest 12 societies to obtain the Deemed Conveyance.
My question is that...XYZ and the Builder/ Developer instead of complying the commitments of executing Conveyance, they are creating hindrance in the process of Deemed Conveyance. How can we completely stop XYZ, Builder/ Developer and the 12 Societies?
How can a flat member file a WP on behalf of the Society without any resolution in the HC?
What action can be taken against such Flat member?
Please guide me.....
Rizwan Shaikh
