Hello all,
I have a flat in a Co-op Housing Soicety in Sion, Mumbai. Redevelopment has been agreed. However, there is an ongoing court case of my flat at the Registrar office wrt the Title. There are 2 names in the agreement (agreement already proven false) and Share Certificate only has 1 name (My Grand Father who is deceased) and I have been appointed as the Nominee. However, the Society has put a condition on the Nomination form that I am only entitled to 50% of the Shares. I had filed a dispute with Registrar and also won the case in 2015. However, the Society demanded money from me to transfer the flat to me and I refused. They then filed an appeal in the stipulated period with the DY. registrar and this case if still ongoing for 3 years now. The disputed party referred here is not traceable and we do not know the whereabouts. The maintainence slips/ Electricity bills/ Society Name Plate only have my grand father's name.
I have a Court Order from Registrar which has ordered the Society to transfer the shares on my name - This Order has been appealed.
Now that the redevelopment discussions are going on, the Society has stopped keeping me in loop for any critical updates/ progress. They are not considering me as a Member. Neither are they transferring the Shares on my name. I want to know from this respective Panel:
- Secretary also said that I need to wait till the Agreement stage and ONLY at that point, they will pick up my case in the committee and I will need to do as the Committee Says - I Do not Trust them. Please advise.
- Secretary also said that till now, Society has paid approx 2 Lacs INR towards my case and That NEEDS to be paid by me at any cost - Please advise
- Secretary said that right now he doesn’t know what will happen with my case – Whether the new flat will be on my name or joint name, etc. Even if its joint name, will it be between mine and the disputed parties name or still on grand father/ disputed party name?
- There was a meeting in April in presence of the Registrar to take signatures on all Minutes again in presence of the Registrar (also because of the RERA guidelines coming in picture) – Registrar personally told me that I cannot sign as I am not a member and just a nominee
- Will I get the corpus fund? Most of members have already taken it from the builder. Builder is ignoring my meeting requests
- What about the rent? Will the builder pay the rent to me in full (Around 35k per month) or due to this dispute, will they not pay me/ pay in half?
- How will the society proceed if there is a dispute going on for redevelopment? Isn’t the Builder supposed to resolve all court cases before going for redevelopment?
- IS there any Risk of me losing the flat?
- What are my rights in the current scenario?
I need desparate advice here from you all. Please help. The society is only harassing here. Please help.
