Transfer of flat in co op society

Querist : Anonymous (Querist) 16 April 2010 This query is : Resolved
In 1997 court passed the injuction order in favour of my father restraining the society to transfer the shares of flat in co op society to any anyone except my father. So the society was not able to transfer the shares in the name of my uncle. Now my father and uncle are no more and we the legal heirs of both want to take equal shares by sell the flat. We have submitted the application to the society in this regard however the soiety is delaying the matter. they are asking about the status of injunction order. They say your case is complicated.
THe present situation is such that flat is in name of my late grandfather, nomination in namne of late uncle, court order in favor of my father.
what should be done in this case. to transfer the flat in our names. is the injunction order still valid? We dont have the copy of the order.

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adv. rajeev ( rajoo ) (Expert) 16 April 2010
The prayer of your father was not to transfer the shares in anyone's name, but here your father is no more there is no court order not to transfer the share in your name.
You just do one thing file P & Sc and obtain a succession certificate on that base you can get the shares.

Raj Kumar Makkad (Expert) 16 April 2010
In the given case, society can do nothing. It is better to find out the details of the already filed case by your father and make compromise in that particular suit first by getting impleaded as parties to the suit as successors of your father. It is very easy process.

If you fail to know about the details of the previously filed suit then file a fresh suit and both parties should get entered compromise therein so that dispute may end for ever and society may act accordingly.

Adv.Shine Thomas (Expert) 17 April 2010
I agree with the above opinion

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