My father had transferred his commerical property to me and my brother in 2023 by gift deed .. but society wanted to pressure us to sign a unfair development agreement and has held up transfer of membership. Now in 2025 they signed a development agreement by brute majority and have managed to get a eviction notice. However the said eviction order is in my father's name when I am the owner since 2023. What can I do to stop eviction, can I refuse eviction as I am owner and notice is not in my name. The builder seems very connected .. in case I am forced out what should I do to ensure my title is protected during and after redevelopment.
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You first notify the society about your ownership and record your objections to the points of the development agreement that caused you grievances.
If your objections are not heard or if your title is not recognised then you can escalate the matter with the deputy registrar of cooperative society and through the cooperative court in furtherance if necessary.
Since the property was gifted to you and your brother in 2023, your father is no longer the owner. An eviction notice in his name is defective, and you can challenge it before the court/authority by showing your gift deed.
As the rightful owner, the builder cannot evict you without your consent, even if the society has signed a redevelopment agreement. You should file a civil suit for injunction, respond to the eviction notice with proof of ownership, and approach the Cooperative Court/Registrar to enforce transfer of membership.
If you are forcibly evicted, your title remains intact. To protect it, don’t sign any unfair documents, send a legal notice asserting ownership, and record objections with the registrar/municipality. A declaration and injunction suit will further secure your rights during redevelopment.
If it is registered society complain to registrar against society refusal to transfer property in your name
2) courts are reluctant to grant stay against development agreement if majority of members are in favour of redevlopment
3) your father can write to society that he is not owner of property as gift deed executed in sons favour in 2023.
Your title is safe and eviction will not affect the same. You can challenge eviction and get stay. Even after eviction your title is safe as society is bound to transfer the flat in your name.
My father isn't legally very Aware and continued to represent.me in society and made numerous objections to the bmc even after gift deed and requesting transfer of share certificate. The society cunningly responded to the bmc stating the property has been transferred to me and my father holds no title or rights to rIse objections . On the same day they resolved in a meeting that they can't transfer membership till dues aren't cleared in totality but without any details. We have already moved the court to transfer membership . In this scenario
Since you have already approached court, you may have to wait for the disposal by court because the stage and details of the case is not known hence any opinion rendered in further will be misguiding
If you have abreast gone to court for transfer of membership wait for court order
father can in it’s reply to eviction notice issued by society take the plea that he has no right ,title interest in property as transferred to sons by gift deed
If you have correspondence between society and bmc the same will help you in transfer proceedings before the legal forums
If your father gifted you and your brother the commercial property in 2023 and the gift deed is duly registered, you and your brother are the legal owners from 2023 onward. The transfer of society membership/share certificate is an administrative formality; it does not affect the validity of your title. If the eviction notice and redevelopment actions are in your father’s name (the previous owner) and not in yours, here is how you should proceed:
You should immediately contest any eviction based on the fact that you (not your father) are the current legal owner. You have the statutory right to be heard before any eviction or redevelopment-related action is taken on your property. File a reply/objection to the eviction notice with the relevant authority and submit copies of your registered gift deed and documents evidencing your title.
Clearly state that the eviction order is legally void and unenforceable against you because you are the owner and were not made a party to the proceedings. Demand that no dispossession or redevelopment decision can be enforced against you without due process.
Since the society has acknowledged the transfer (in its own correspondence with BMC), its refusal to transfer membership is only to pressure you. Continue with your court case to compel the society to transfer the share certificate, making you the recognized member in society records. Courts regularly order societies to update records in favor of rightful owners, especially where mala fide refusal is evident.
If you are forcibly evicted despite the notice not being in your name, immediately approach the civil court (or High Court if urgent) for an injunction to restrain the society and builder from disturbing your possession or altering the property until legal title and membership are resolved. Maintain complete documentary evidence showing the gift deed, ongoing membership transfer case, and any communication with society/BMC.
During redevelopment, keep all correspondence, orders, and proof of objections made by you or your father. If redevelopment proceeds without your consent as owner or without the required legal majority and notices as per the Maharashtra Cooperative Societies Act (Section 79A guidelines), you have strong grounds to challenge the project.
Title to your property remains secure as long as you have the registered gift deed and act promptly to assert your rights. Membership issues and eviction proceedings must always involve and recognize the real legal owner.
In summary:
Lodge objections and contest eviction on grounds that notice is invalid as not in your name.
Continue legal proceedings for transfer of society membership.
If forcibly evicted or threatened, immediately seek a court injunction to protect your possession and title.
Document all steps and communications to strengthen your legal position in court and before authorities.
If needed, consult a property lawyer urgently for intervention and detailed drafting to ensure your rights and property title remain protected throughout the redevelopment process.
Nothing is happening to your title
There is a registered gift deed so the society is bound to mutate the share certificate in favour of the donee
Merely because the transfer is pending that is no reason to not vacate your flat when the majority society members are for the redevelopment
It appears that there are certain dues which aren't cleared due to which the society has held up the transfer
But all this must not come in the way of redevelopment
i am being told to file a order XXI rule 97 application by online sources.. i had a lawyer urgently file a interim applciation to be heard and it seeks order XXI rule 97 adjudication but its not the formal title of the applciation. is this normal or i need to file this as well. also can i appoint a different lawyer as present one was fixed by my brother and i am not happy. is a writ petition a good option as my constitutional rights are violated and the courts refused to consider this at all in our previous proceedings which were scuttled and dismissed without narration . the violations are clear and brazen
O.21 R.97 are obstructionists proceedings
Which online source told you to pursue the above ?
It appears to be completely misconceived
What are the clear and brazen violations I am curious to know
It's a private dispute between society and its member , how would a writ petition be maintainable?
If your rights are truly violated you have to approach the District Dy. Registrar of co operative societies or the cooperative court
What happened in court today ?
did court pass any orders on your application
you are at liberty to change your lawyer if you so desire
Order 21 Rule 97 of the Code of Civil Procedure (CPC) deals with resistance or obstruction to the delivery of possession of immovable property during execution of a decree. It allows the decree-holder or purchaser to apply to the court complaining about such resistance or obstruction. The court then conducts an inquiry to determine the validity of the claim and pass appropriate orders. Therefore this petiton may be irrelevant to your situation, probably there is a confusion about it, hence you may clarify about it.
Besides if your present advocate is not cooperating then yo are at your liberty to change the lawyer any time.
No writ petition is also maintainable in this situation.
You can contact me the thru kanoon I will assist you after going through your case. I am high court lawyer based in Mumbai
Sir/Ma’am
If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.
https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138
You can reach me on 09 yu 769 fg 490 ghj 911
Your interim application seeking Order XXI Rule 97 relief is sufficient - no separate formal application needed. You can immediately change lawyers by hiring new counsel who will file appearance notice. Writ petition is your strongest option given clear constitutional violations (Articles 14, 19, 21) - eviction in wrong person's name while denying due process violates fundamental rights.
Immediate actions: Continue current interim application, simultaneously file comprehensive writ petition highlighting constitutional violations, appoint specialized constitutional/cooperative law lawyer, document society's contradiction (admitting father has no rights yet evicting in his name). High Court must address constitutional issues through writ jurisdiction even if civil courts refused. Your ownership through gift deed makes eviction notice legally invalid, and society cannot transfer property rights without your consent regardless of majority decision.
On the basis of the facts shared, you became the legal owner of the commercial property in 2023 by virtue of a registered gift deed executed by your father. Once the gift deed is executed and registered, ownership stands transferred, and the donor ceases to hold any title. The society’s refusal to transfer membership/share certificate does not affect your ownership rights—it is merely an administrative formality, and courts have consistently held that share certificates are only evidence of title and not the title itself.
As regards the eviction notice obtained pursuant to the redevelopment resolution, if the notice is issued in your father’s name and not yours, you have strong grounds to challenge its validity. You can move the appropriate court/authority (for example, the Small Causes Court in Mumbai for eviction matters or the High Court under writ jurisdiction, depending on the context) seeking a stay on eviction, arguing that:
You are the lawful owner since 2023, and no eviction notice has been validly issued against you.
Your objections as owner were never considered, and your right to be heard has been denied.
The society has acted in bad faith by simultaneously admitting the transfer in correspondence with BMC while refusing to record it internally on arbitrary grounds.
Even if the builder and society attempt to forcibly dispossess you, you should immediately move court for an injunction to protect possession and title. During redevelopment, your ownership remains protected in law: the builder can only step into possession under a valid agreement signed with you as the current owner. If possession is taken illegally, you will still have the right to claim ownership, compensation, or re-possession against both the society and builder.
Further, since you have already approached the court regarding transfer of membership, that proceeding should be expedited and tagged with the present eviction dispute. The court will likely consider both issues together, strengthening your position.
In summary:
Yes, you can legally refuse eviction on the basis that the notice is not in your name, and you must immediately file for stay/injunction.
The society’s tactics of withholding membership cannot override your title under the gift deed.
If forcibly dispossessed, your title remains valid and enforceable against both the builder and society, and you can sue for restoration of possession or damages.
Going forward, ensure all court filings clearly assert your ownership from 2023 and highlight the mala fide conduct of the society.
- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- If the said gift deed is registered then you can submit the same to the society for attorning the legal owner of the said property ,
- Further , as the said notice is in name of your father , then the said notice not applied on you.
- However, you can approach the Court for getting stay order
- Further, you can also lodge a complaint to the registrar of so cities against the society.
Order XXI Rule 97 of the Code of Civil Procedure is the right procedure to follow after an eviction or dispossession order, when an objection is made by a third party (you, as the real owner) claiming independent rights. The application made during interim proceedings can serve your immediate interests, even if not formally titled as "Order XXI Rule 97.” However, for clarity and procedural rigor, it is advisable to file a formally titled and reasoned application under Order XXI Rule 97, especially once/if an eviction is attempted or carried out. This application ensures adjudication of your right, title, and interest by the executing court before any eviction occurs.
You have the absolute right to appoint any lawyer of your choice at any stage of proceedings. You are not bound by your brother’s arrangement or the previous lawyer. If you are dissatisfied with current representation, inform the court and submit a Vakalatnama duly signed in favour of your chosen counsel. This change can be done at any time before final disposal.
A writ petition (under Article 226 of the Constitution) is appropriate when there are violations of fundamental rights or blatant abuse of administrative discretion by public bodies (e.g., BMC, society). However, High Courts typically do not interfere if an efficacious alternative civil remedy is available and/or invoked (e.g., pending proceedings under Order XXI Rule 97). But if you can demonstrate that statutory guidelines (such as under Maharashtra Cooperative Societies Act, Section 79A) and principles of natural justice were violated, filing a writ—especially in case of any urgent or imminent threat to your rights—remains a valid parallel remedy. Dismissal of a previous proceeding for technical grounds or lack of adequate narration does not bar a properly framed writ, particularly where new and continuing violations exist.
File a formal Order XXI Rule 97 application if eviction is pursued against you, ensuring you are heard as the actual owner. You may simultaneously move the civil court and, if rights violations are grave, approach the High Court under writ jurisdiction. Change your lawyer if you are dissatisfied—this is your right and does not prejudice your case. Maintain all documentation, especially the registered gift deed, court orders, membership transfer correspondence, and proof of attempts to assert your rights.
This advice is privileged and confidential, provided as part of the advocate-client relationship. If you require assistance in preparing/finalizing your Order XXI Rule 97 application, drafting a writ petition, or changing legal counsel, you are welcome to contact me directly for effective representation and next steps.