Sale of flat

You have no right whatsoever as an "Owner". Please note that agreement to sale does not convey the "title to the property". It never conveys ownership. It is merely an agreement. And finally, the Supreme Court has also ruled what has been stated herein. 

If the possession remained with you till this much years, ask for the relief by way of "adverse possession". However, the widow has a better title with her. Concilliate, if possible, or else forget the same. 

The society does not have to ask anyone if their is a valid nomination filed by the shareholder. The society should transfer teh shares in the wife's name if she is the nominee. There is no need to inform B or anyone else.

If B is in possession, the wife can ask him to vacate the premises. In fact if there is a police case, then the society is to help the shareholder against B but there should be no illegal force applied during this possession. If B refuses to vacate, then the sife has to go to the Court and she is likely to win the case.

The Agreement to sale does not convey ownership of property and hence B has no right to the flat.

S Jadhav

B has got no title to the property the reference may be made to the latest judgement by supereme court on the subject of sale agreements. The case was decided on 11-10-2011. The case is Suraj Lamp and Industries Pvt. Ltd. verses State Of Haryana And Another.

For illegal adverse possession reference may be made to another latest judgement by Suprereme Court dated 30-09-2011 and that is State Of Haryana Verses Mukesgh Kumar and Others 2011 (11) SCALE.

Ownership rights of immovable property are not effected through such sort of unregistered agreements, is the theme of latest Supreme Court judgement.

No. Let it be very clearly understood that an agreement to sale does not confer any right. Learned brother Shri Ajit singh Ceema is very right while advising. The property, on the death of the husband of the widow is inherited by her under the relevant law.  When there is no right accrued and no base, no ownership can be asserted. Nothing is conveyed to you by the deceased under the "sale deed". Hence, you have either a weak case, or that I would say, no case on merits at all. Assuming for the time being that something is given to the Society in writing would also not confer the right to ownership, or that no such sort of writing would allow you to step into the shoe for becoming an owner. 

Dear Sekhar, you have a good advice already given by learned friends in so far as your right through the pruported agreement document whatever may be the promise therein.  If you have honestly paid all that consideration on the day of transaction with the deceased owner, you would have got it registered in your name then itself.  I am inclined to believe you did not pay the total consideration and assumed possession for the remaining event in two months to come; and since the text therein was favourable, you took advantage of the same.  In such case, the wife got it legally and morally.  However, if you can prove adverse title over 12 years, you can win subject to other conditions.  Why dont you deliberate upon and satisfy the wife who succeeded to the ownership to receive, if there is any remaining part of the consideration plus some goodwill and get it transferred in your name.  I feel it is just and proper.

Dear Sekhar, you have a good advice already given by learned friends in so far as your right through the pruported agreement document whatever may be the promise therein.  If you have honestly paid all that consideration on the day of transaction with the deceased owner, you would have got it registered in your name then itself.  I am inclined to believe you did not pay the total consideration and assumed possession for the remaining event in two months to come; and since the text therein was favourable, you took advantage of the same.  In such case, the wife got it legally and morally.  However, if you can prove adverse title over 12 years, you can win subject to other conditions.  Why dont you deliberate upon and satisfy the wife who succeeded to the ownership to receive, if there is any remaining part of the consideration plus some goodwill and get it transferred in your name.  I feel it is just and proper.