A Sale Deed is Executed in sub registar office for the plot which was purchased thru Madhuvana house building society in the year 2006.At the time of registration my plot was approved by Mysore Urban Development Authority,but In the year 8/2/13 Town planning department of Mysore Urban Development modified the plan. which i was not aware,and the society did not inform me till may 2015,The society is not giving any alternate plot in the same layout.Nor giving any reason why the layout plan was modified.After going thru new modified plan my old site number 65 is not there,but the same 30x50 dimension is there.As per society record there are 14 members for 30x50 size and my name is there ,and as per new plan there is 14 plot of 30x50.Can i file criminal under section 418,403 or please advice how to get possession?or any fast remedy
what is the legal remedy?can criminal case be filed against the society and its office bearer?
Asked 12 months ago in Property Law from Mysore, Karnatka
1) file RTI application as to why plan was modified
2) if society is not giving possession of plot purchased by you file complaint before consumer forum and seek orders to direct society to deliver possession to you as per modified plan . also seek compensation for mental torture undergone by you
3) cases before consumer forum take 2 years to be disposed of
Ajay Sethi Sir
Thank you for reply.Can i file criminal case and will it be admitted in the court?I was kept in dark about modification for 2 years,inspite of 2 notices,and no written consent was taken from me.In this basis can i file criminal case and under what section?The society suppressed the fact and not disclosing what relief they gave other 13 members/.Under section 19A of karnataka society act where member should have access to information i wrote to Dy.Registrar and the society,but no reply,from both,so can i file criminal against society for not complying with society act?
Asked 12 months ago
1) criminal cases take years to be disposed of and you would end up spending lot of money on legal fees
2) you wanted fast remedy here advised file case before consumer forum
3) if society fails to disclose information sought be members apply for appointment of administrator for society
4) society ought to have disclosed information sought by you . If any case of cheating , criminal breach of trust is made out can be stated only on perusal of documents
5) contact a local lawyer
Hi, First you have to issue notice under section 125 of the Karnataka Co-Operative Societies Act,1959 request the society to allot alternative site.
2. If they fail to alto alternative site then you can file a suit before the court to direct the society to register the site in your name.
3. You can also raise a dispute before the Registrar of Co-Operative Society under section 70 of the the Karnataka Co-Operative Societies Act.
If you have a registered sale deed in your name then it becomes your own property and any changes made by any authority with regard to your property on any circumstances, you have a right to be heard first or informed about the proposed changes likely to be incorporated. If you were kept in dark about this, you can obtain information RTI act in this regard and become aware of the actual situation and what is the effect of your botheration in such changes or the privileges that are made available to you. If you feel aggrieved by the decision of the society in this regard, you may draw them to the consumer court for the injustice meted out to you especially about the possession of the property as per your sale deed in your favor. This way you can seek relief..
Can i file criminal case and will it be admitted in the court?
I am afraid there is no remedy available in criminal law for this, even if there is one, it may drag on for years by which you may find the solution not effective to your problem.
I was kept in dark about modification for 2 years,inspite of 2 notices,and no written consent was taken from me.In this basis can i file criminal case and under what section?
You should prove their intention to cheat you and only then you can maintain criminal case, instead you may issue notice under section 125 of the Karnataka Co-Operative Societies Act,1959 seeking alternative relief from the society.
so can i file criminal against society for not complying with society act?
For this you may drag both to the cooperative society seeking direction to the society to provide you the deserved relief and the deputy registrar to furnish the relevant information.
The modification in the existing plan cannot be made in a manner which would oust the title or possession of the owner. Be that as it may, the remedy is to file a lawsuit for declaration of your ownership to the property. The object of lawsuit is to preempt the adverse consequences which may ensue from the modification in the plan. No criminal complaint is made out against the society though.