ISSUES:-
1. The owner(O) of the flat expired in 1995 leaving his wife(W) as nominee and legal heir alongwith his four children(A&B-->sons and rest two daughters). Amd A as the associate member.
2. The flat was transferred to the nominee in 2001 in the managing Committee meet in which A was present as an invitee. And in 2002, A was made Associate Member to the suit flat by W, and was selected as a Managing Committee member and Treasurer to the said Society in 2004 and resigned due to difference in opinion in 2005.
3. Now W has gifted the flat to B in 2006 in view of a family dispute.
4. The sisters of A&B also being the legal heirs have no objection to this flat gift and transfer. But A has objected to the same in view of his legal right.
5. The managing committee that permitted to this Gift Deed and transfer have not been elected since 1992. And three other new members of this Managing Committee were selected when there was no quorum in the Managing Committee meeting in the presence of a few invitee general body members and only two managing committee members. Therefore during the transfer of suit flat to B, there was no actual quorum.
6. The elections of the current managing committee was held in 2009. And the members of the Managing Committee were same after election as well. This Managing Committee has a grudge against A for objecting against the redevlopment process along with a few like minded members.
7. A is residing in the suit flat since 1973 and has been in exclusive possession and occupancy along with his family since 1993.
8. I filed a suit at Dindoshi against B and Society for not to dispossess with following due procedure of law. But failed to get an order in ad-interm. But the suit is still in Court.
9. I filed another suit against W&B in the High Court, Bombay for the cancellation of the Gift Deed and non-dispossession as in the above suit. And I got a status quo in the ad-interim.
10. The Managing Committee of the Society is conducting General Body meetings with a rule that if the first time there is no quorum then after the meeting resumes no quorum would be considered. Whereas they are including important issues like Redevelopment and audit report of accounts of the Society.
Questions:-
1. A has not challenged the transfer of flat to B. What is the correct forum to appeal and what should be the prayers.
2. Can the point no. 5 of issues help A in some way.
3. What can be done with respect to point no. 10. of issues.
4. Is anything is left out to be done other than the challenging of the transfer. If yes, then please guide me.
