LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kiran waljee (RETIRED C.A.O. (DRDO))     08 November 2012

Transfer of property in a co-ops

 

My son bought a flat in co-ops at Vadodara from an owner in 2006. He paid the transfer fee and handed over the original share certificate of the owner for correction and issue. The society arbitrary did not transfer the flat in my son’s name.

 

The District Registrar Co-Ops Vadodara took up the case for final solution. After giving equal opportunity to both the parties, hearing them patiently, and examining the documents/evidence adduced by both the parties he passed the judgment and decreed that the society must transfer the property in my son’s name. I am the POA.

 

The order was pronounced on 23.04.2012 and issued to the society. The society did not obey it. A reminder was issued on 21.o6.2012. Still the order was not executed. On 17.07.2012, an ultimatum was issued stating, "If the order is not implemented within five days hereto action as prescribed in section 76 & 81 of the Gujarat Co-operative societies Act 1961 shall be taken. After this, the office of the District Registrar is dead silent. I have reported to the State Registrar who has only forwarded my letters to the District Registrar for immediate/urgent action as per rule and advice me to deal directly with the District Registrar. When Govt. Agency do not implement the judgment passes by it and does not respond to the applicants repeated requests and higher authorities shirk  their duties ( May be , according to internal guide lines) what action a helpless senior citizen can take to get justice. I shall be obliged if guidelines for further course of action is rendered. I have no means or physical ability/agility to indulge in litigation.

 

Your humble helpless victim of unreasonable delay in execution of a fair, proper and lawful order by the power that be.

 

KIRAN WALJEE

 



Learning

 1 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     09 November 2012

Why is the society not transferring ?

there would be a deeming provision in the bye- law of te society. Ie. if within certain period the committee does not act, it will be deemed that the request has been granted.

still you can appeal o the Registrar and  then to Minstry of cooperation. Govt of Gujarat.  

You can also apply fr dissolution of the managingg committee. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register