A is a member of CHS and is holding share certificates in respect of Flat No. 1 & 2. Flat 2 was purchased by A’s father. A’s father died and pursuant to family arrangements between A and legal heirs Flat 2 was transferred in the name of A.
On request of B from same society given one of the room and bathroom with separate entrances of Flat 2 for a short period out of pure goodwill and was gratuitous. As B did not vacate A had to initiate legal proceedings.
During pendency of the proceedings, C sought to intervene through chamber summon, who claims the ownership of one room and bathroom which was given to B. C does not have any registered documents. C has not made a single payment to society i.e. maintenance, property tax etc. Nor has he written to the society objecting issuance of property tax bill/maintenance bills, Share certificate to A. C’s Appeal and Marji both are Rejected/dismissed by honorable court.
A recovered possession in 2008 and withdrew the proceedings after appeal dismissed in 2016. C has not filed any independent proceedings against A, tried to challenge the withdrawal which was not allowed by court. C has now resorted to filling writ petition in the High Court of Mumbai which is on admission stage. Dates keeps on jumping for 3-4 months. Next date is in April 2018.
• If writ get dismissed, can C apply for stay of order to approach Supreme Court?
• Whether C’s stay application granted?
• Once writ dismissed can A gift flat No. 2 to his younger brother? Will he be at a liberty to do sale proceedings?
Asked 6 months ago in Property Law from Greater Mumbai, Maharashtra
A is at liberty to execute gift deed of flat in favour of younger brother
2) C can approach SC against HC order
3) application of stay would not be granted as C does not have any documentary evidence to show he is owner of flat
4) you are at liberty to sell the flat
Yes if the writ is dismissed by the HC then the C has the right to approach the SC.
This depends that on what grounds the petition is dismissed by the HC, can not be told beforehand that C will get a stay or not.
If the Writ is dismissed then A is at liberty to make a gift deed.
Advocate, New Delhi
1.Yes, C can approach the Supreme Court in the case the High Court dismisses the matter in limine or upon the merits of the matter.
2. Depends upon the merits of the case with which he approaches the High Court but going by what you say, his chances of succeeding are highly unlikely.
3. Yes, upon the dismissal of the writ, he can either gift it or sell it.
Advocate, New Delhi
1. Yes C have full right for applying the stay in Apex Court.
2. Grant of stay depends on the judge's mind and decision, we should not predict any order.
3. Yes A can proceed for sales or gift deed
Going through the above facts, i don't find any claim of C in the property.
tried to challenge the withdrawal which was not allowed by court - Also defendant cant object withdrawal of suit. Contact for SC ruling.
If writ get dismissed, can C apply for stay of order to approach Supreme Court? - he can but negative impact.
• Whether C’s stay application granted? - if c have no valid documents and u have than no stay.
• Once writ dismissed can A gift flat No. 2 to his younger brother? Will he be at a liberty to do sale proceedings? - if there`s no stay order of any kind regarding non alienation of suit property, Ur free with ur property to do anything.
In the absence of any restrictions by an order of any court, A can proceed with the transfer of property by gift or sale deed even at this stage.
A is not bound by pending application before court.
The writ petition is still not numbered hence no impediment.