• Appeal again Sub-registrar order

I would like to appeal against sub-registrar order issued to my society for membership of my sister.

There is already a case file against her in district court and case is still pending.

I would like to know how much it will cost and time to process for appeal and stay against the order.

I have one month of notice period left with me. I got intimation late.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) in case of refusal of membership

to any person, sections 22 and 23 of the

Maharashtra Co-operative Societies Act, 1960

empowers Registrar of Co-operative Societies

to decide if such refusal is in accordance to

provisions of sections 22 and 23 of the

Maharashtra Co-operative Societies Act, 1960.

2) In case any of the person seeking membership

is aggrieved by the order of Registrar or his

subordinate then remedy available to him is to

ile application for revision under section 154 of

the Maharashtra Co-operative Societies Act, 1960

before higher authorities viz., higher authorities

of Registrar of Co-operative Societies and further

more to State Government.

3) In case order is passed under section 23 of

the said Act by Registrar or his sub-ordinates

i.e. Assistant Registrar or Deputy Registrar,

his decision or order is final and there is no

provision to appeal against the same under

section 152 of the said Act. However, the person

aggrieved has remedy to ile revision application

under section 154 of the said Act.

4) appeal shall be filed within two

months of the date of the communication of the

order or decision.

5) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1) pending hearing and final disposal of suit proceedings society has rightly not transferred 50 per cent share flat as per father will in your sister name

2) registrar ought to have issued you and society notice before passing any orders

3) granted you personal hearing before passing any orders

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1) dont know any lawyer in navi mumbai to file the appeal before joint registrar office

2) litigation fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

I would like to know how much it will cost and time to process for appeal and stay against the order.

I have one month of notice period left with me. I got intimation late.

If you are filing an injunction suit then file an application for interim stay as an interim relief,

You can get this on the same day of filing, an exparte order provided your case is strong enough and deserving stay.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

As the society is not willing to transfer the membership on her name due to pending case. she has manipulated document to sub-registrar and taken order on same without my consent and knowledge to me.

The sub-registrar has no power to grant membership to a person by any means.

Are you referring to the cooperative registrar?

Since the probate case is pending before court, you do not worry even if she entering into the property and not allowing you inside.

If the probate of will case is dismissed then she may not have any rights in it.

She may have to vacate the same.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

2. The registrar's order may be challenged by referring an appeal in the appropriate court.

I was not informed in personally. even tough I have already submitted my documents regarding pending case

Do you have any lawyer in navi mumbai to manage this appeal and how much it will cost for whole procedure for appeal at joint registrar office.

The non receipt of intimation may be by oversight however the Registrar has to send notice once again if the notice sen the first time did not invoke any response.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

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