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manish (secetery)     19 September 2010

mother & son housing flat trasfer to son mother is aliive

hallo i am new secretery of housing society pune

one trasfer come to mc

privious  resale agreement where 1 name is mother 2 name is son wife 3 name is  son in serial

now son force on society to trasfer flat to his own name only though mother and wife is alive

society ask for release deed between them

but son is not ready because society thought that he without informing & taking society noc  his flat got morggage with bank to get loan for him 

by froud with society he write his name on share certificate i.e his name & other with his own hand writing & taken chairman & old secretry sign

but in tax of property his mother name came first like mother full name & other

he take allotment letter from society by froud  by his own hand writing in that serial is 1 name is his wife name 2 name is his mother 3 name is his own name

now he is fourcing on new secertery to give him  noc  to change property tax name from mother name & other to his own name only without ready to give society any legal document like release deed or gift deed from mother & his wife 

now how to handle this case by society in legal manner



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 September 2010

1.  If fraud and forgery has taken on the letter head of the society or on the society share certificate, by the son,  then it is the duty of the society, to lodge a FIR with the local police station, against such fraud, against the society.

 

2.  Under no circumstances the society can change the sequence of membership in the share certificate, unless and untill all the share holders have executed a registered release deed.

 

3.  The society will get entangled in legal issues,  if the society makes any changes in the share certificate and its records.  The Auditor himself will record all these in his Auditor Report and then the mg.committee will be in real legal trouble.  So better do not indulge in all these things under such pressure tactics.

 

4.  Society should make a resolution and submit it to the area registrar of coop., for records for its own safety.

 

Keep Smiling .... Hemant Agarwal.

1 Like

Bharatkumar (ADVOCATE )     20 September 2010

This is a criminal matter so you lodge a FIR.

Society inform the other two member (his mother and his wife) for this faurd so they also lodge a FIR and they inform Bank.


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