section 22(2) ans section 154
jach000019
(Querist) 02 August 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.
in 2006 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.
in 2007 when my brother came to know about this he filed the revisional application at divisional joint registrar u/s 154.
in 2011 joint registrar remand back the matter back to the dy.registrar for reconsideration of the matter after making my brother as a party.
now the matter is pending at d. registrar so here i would like to know that
1) suppose here if the decision comes in my favour than will my brother again will be entitled for submitt the revision at joint registrar since the matter earlier remand backed by this joint reg/court that too u/s 154 i mean to say that does this section permeit this.
(2)if joint registrar accepts his revision again than can i file the petition/matter in the high court against the revision of joint registrar because already this dept. has wested 4 years and remanded back the matter to dy. reg. again and who knows that this dept. will not repeat this process again
(3)similarly if my brother wins over at dy. registrar than where i will be allowed to file the revision.
prabhakar singh
(Expert) 02 August 2011
1.a party aggrieved can appeal or seek revision by higher authority,so can your brother also.
2 writ may lie but on ground you are framing but on the basis rights you have.
3 jurisdiction will be same for you also.
now my quest:wht are you repeating this query???
