• Member in co-operative society

My father had a office in a old building that was originally under the Pagadi system. Then it was taken by a new owner and converted into a co-operative society. My father submitted all the documents for the membership in the co-operative society. But at the time the co-operative society was formed, my father passed away. 

one of the tenants in that building omitted my father's name while submitting the documents of the society to the Co-operative Housing authorities. It was purely for fraud. ? We suspect one of our step brothers has quietly transferred it in his name by showing falsified nominee documents. We are going to ask through RTI the I and J register and share certificates for that society.What should be the course of action (legal) in this case
Asked 2 years ago in Property Law
Religion: Muslim

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12 Answers

Nominee documents couldn't have given the exclusive right of inheritance to you step brother.

Nominee is appointed only to manage the property till the time it distributed/partitioned amongst the legal heirs.

File a suit once your suspension become truem.

Vibhanshu Srivastava
Advocate, New Delhi
9127 Answers
179 Consultations

5.0 on 5.0

The nomination is false and illegal and cannot be used to inherit the property the said nomination is to be challanged by way of.filing civil suit and you must also take interim stay so he doesn't sale further as third party interest can be created.

Also you should file a suit also give a legal notice in newspaper stating that the property is false taken over any body buying shall be at on risk.

Also an application regarding same can be give to the society and can be marked.to registrar of.society for fraudulent membership.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

1.If your father was the tenant then on its redevelopment into cooperative society then your father could have been inducted as member of the society if the landlord was so willing.

2.However f it is found that later his name was omitted and in his place someone else has been included then fraud of a third party is apparent.

3. However in absence of any written document to show that your father was initiated to have been inducted as member of the society it would be difficult to prove the mischief done by the step brother.

4.Howeevr if it is shown that his stepbrother has taken place of your father in respect of membership when he was no where beofre it's formation then his forgery would be apparent.

5.Sofile a suit for suit for declaration and injunction. Alternatively lodge complaint with registrar of society challenging his membership.

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

You can file the Complaint to the the society first. If they are not resolving you can go to Dy Registrar of Co-operative societies and file your Complaint. It will be definitely resolved there.

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Kindly contact in personal for further details, paper and place for the case.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

1) If your step brother can registered name in the society than you can also register, unless n until you have given my legal rights by the wayvof relinquish deed. If you have not done any relinquish deed, than you can apply for legal heirs and succession certificate in the court and can produce it to society for insertion of your names.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

1)file suit to set aside transfer of office in name of uncle

2) file suit for partition of office premises

3) on father demise his share would devolve on his legal heirs ie your mother , you and your siblings

Ajay Sethi
Advocate, Mumbai
79344 Answers
4746 Consultations

5.0 on 5.0

Under section 15 (d) on the death of the tenant, the members of the tenant's family, who were residing in the premises would be deemed to be tenants. So after your Grand father’s death your father staying in said pagdi room as a legal heir and he deemed to consider as tenant.

After the death of father his shares are distributed among his legal heirs. In the pagadi system the only deviating factor is that the tenant becomes a part owner of the house and not of the land. This tenant continues to pay rent to the owner as long as he is not sub-renting the premises. Additionally, the tenant has the option to sell the said property while giving a percentage of the gross amount to the owner. There are three parties involved when redevelopment of the property is considered – owner, tenant and builder/developer.

File a partition suit and also set aside transfer of office in name of uncle.

Ajay N S
Advocate, Ernakulam
3628 Answers
71 Consultations

5.0 on 5.0

Immediately get all the documents under rti asap and then take crimial action accrodingly.

Vijay Kumar
Advocate, Mumbai
26 Answers

4.0 on 5.0

Hello,

If you get a reply in your favor in the RTI then file a suit in the civil court for cancellation of the said transfer by means of which the step brother got the property transferred on his name.

thereupon also ask the court to pass an order that no further sale of the property takes place.

Regards

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

You can obtain information about the transfer through RTI act also.

After that ascertain how and where this error occurred.

If you find some body playing fraud on this you may initiate legal action by first issuing notice to the fraudster with a copy to the society about this and then follow it by filing a mandatory injunction suit to cancel the fraudster's name and to include the names of the legal heirs of the deceased.

T Kalaiselvan
Advocate, Vellore
69363 Answers
929 Consultations

5.0 on 5.0

1. The Legal Heirs of the deceased can file a Civil Suit and a Criminal case, on the Society and all related persons.

2. START with filing an FIR in the local Police Station. IF the police station fail to take action, then file private criminal complaint in the local criminal magistrates court u/s 156(3) of the Code of Criminal Procedure. This should set right most of the problems.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

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