Transfer of plot in co.operative housing socity

Querist : Anonymous (Querist) 12 August 2011 This query is : Resolved
sir
we are 4 brothers having partnership firm ( my wife was partner as i was govt officer ) business in 1985 we were purchased plot from firms money in the name of father (he was not partner) in co operative housing society.In 1987 I was separated from business hence property earned from business was given to me on Rs-10/-stamp paper which was not registered .property written on stamp paper were received by me, except plot .plot i wanted to transfer in the name of my wife three brothers were given consent on Rs-10/-stamp paper to transfer plot in my wife"s name. my wife applied to society to transfer the plot on her name father also given application to society to transfer the plot in my wife's name .society with resolution given membership to my wife .Immediately my father as per suggestion of my two brothers given application to society to cancel the resolution to transfer the plot in my wife's name as i was cheated .actually brother wanted to grab the plot after ward my big brother took the plot from my father.Brother also orally say i will give the plot to you.but not giving.
Whether society have right to cancel the membership of my wife without asking explanation to us.Now can we claim the right on plot now.i am retired in 2009.in 1987 i don't want legal action against my father .Father was expired in 2004.please give expert opinion.

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M V Gupta (Expert) 13 August 2011
The plot is said to be in the name of your father. If your father had signed all the forms prescribed in the bye laws of the Society for transferring the plot in favor of your wife and the Society had accepted and passed the necessary resolutions transferring the plot in the name of your wife, the transfer would be complete in the eye of law. The Society cannot reverse the process and cancel the transfer already effected in its books. You may take up the matter with the Society by issuing a legal notice.

Raj Kumar Makkad (Expert) 13 August 2011
I do agree with Gupta.

girish shringi (Expert) 15 August 2011
I do agree with both the experts above.
The most you can enquire from the society,did they made any alteration in the resolution once passed or cancelled the same,then you can proceed legally against the society and inform to the Board of Nominee,under whose authority the society had been registered.

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