Writ Petition procedure

Mr. Kantilal,

Though you may file writ petition for your self before the High Court, but it is advisiable to consult the same with any advocate and discuss your matter, because you have not mentioned your problem. It is not advisiable to file writ petition for useless matter else the Court's time will be consumed unnecessarily.

Dear Mr. Mishra,

Here is the my reason to file writ petition against Bank for the following reason.

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I have purchased one flat in mumbai in the auction conducted by the bank under SARAFAESI Act 2002.

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Sale certificate issued by the bank to me which is now duly registered and paid stamp duty.

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The original agreement of the previous owner (defaulter to the bank) is given to me by the bank.

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The share certificate issued by the Society to the previous owner is not traceable, as the previous owner is absconder. (Bank is no having the share certificate with it as the owner had taken the loan before the soceity was formed)

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Now the society is asking for the following document from the bank:

1) Loan allotment letter from the bank to previous owner

2) Mortgage deed between bank and previous owner

3) Notices from bank to previous owner for non payment of loan installments

4) FIR copy of whereabout of the previous owner.

5) Court oder giving auction permission to the bank for the said flat

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but the bank has refused to give anything saying it is the third party documents, they can not give to me.

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Now society is refusing to give me membership for non-providing of the above mentioned documents.

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My query is:

1) Is society is having the right to ask all the the documents while I am having Sale Certificate under SARAFAESI Act, 2002?

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2) Is there any provision under CHS Act, where society can issue me a fresh share certificate, cancelling the previous share certificates issued to the absconder owner? As they are saying they need to have share certificate issued to absconder owner

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3) Society is asking indemnity bond from me, I am ready to give them. But is it correct to ask for it?

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Kindly help me, I am being harassed like anything.

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Thank you all in advance for your kind help

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Can I file writ petition against Bank for not giving me a title clear property in the above matter ??

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Or else what kind of legal action can i take against Bank in this regard for not giving me a title clear property??

Dear Kantilal,

your problem is the society not the bank because the bank has issued a sale certificate in your favour. Also the society has no locus standi to call for the documents, as stated by you, from you. If previous owner desputes as to be taken possession of the property, burden of proof will go on the bank only. since you have purchased the property, and the property is governed by the society, so the society can not refuse you to give membership unless prescribed fee is paid by you.

You should move an application with the society requesting to give you memebership because you have purchased the property and enclose the sale certificate. And suggest them to give in writing if they deny your request.

then you shold move to district court under the provision of CPC for declaration of ownership and direction to the society. you may get remidy from district court so needless to move high court.

I am not aware as to local laws related to property of Maharastra, so you should consult the same with any lawyer.

If you have the legal knowledge/lawyer/begineer then draft the petition according to the rules and should be inorder

1 Index

2Listing proforma

3 Notice of Motion

4 Memo of Parties

5 Main Petition

6 Supporting affidavit

7 Annexures

File it at the filing counter with 2 sets and 2 copies must be served to the standing council of the organisation

Complete the defects and may file it again and consult the listing cell in which court it will hears

Argue the matter for admission

Issue notices to the respondents via process fee/RC etc

DONOT MAKE UNPRECEDENTED STEPS AT YOUR OWN IF YOU HAVE NO KNOWLEDGE OF LAW AND CONSULT THE ADVOCATE ONLY FOR GROUNDS/LEGAL PROVISIONS

ITS NOT SO SIMPLE AS IT APPEARS FROM MY PERSONAL EXPERIENCE