power of deputy registrar regarding deemed membership and already transfered share certificate
jach000019
(Querist) 29 April 2011
This query is : Resolved
we are total three brothers and our mother is expired before our father and our father during his lifetime purchase a flat premises in the co-op.hsg.soc which is situated in the mumbai , my father left a unregd.,WILL and as per the unregd. WILL and the notarized NOC executed by our elder brother towards the flat and acceptance of the WILL, the flat has been transmitted /transfered in our names i.e myself and my younger as per the order of dy.registar of the co-op hsg.soc. under the deemed membership act i.e 22(2) of the co-op. soc.act 1960, and as per the order of the dy.registar, soc. has duly endorsed the share certificate in our names and after the transfer of share certificate in our names my elder brother approached to the joint registrar for revision and now joint registrar after accepting the revision application of my elder brother has passed the order that older order passed by the deputy registrar is quashed and matter has again remand back to the deputy registrar for hearing and also making my brother as party.
now here i would like to know that as the share certificate is already transfered in my and my younger brother's name and the flat is in our possession from the time of death of our father and we are paying the maintainace of the society and soc. is also issuing the receipt in our names.
what the power of deputy registrar has in this regard since
flat premises has been already transfered as per their previous order and our name is also endorsed to the share certificate.
Raj Kumar Makkad
(Expert) 30 April 2011
Every order is subject to its appeal. As the appeal has been accepted and matter has to be decided again by making your brother as one of the parties, let the sub-registrar again decide the matter. You are not loser and opportunity of being heard is being provided to you.
