Transfer of flats in co op housing society
TWO flats in Co -Op Society were originally in the name of Smt. X an Hindu women. The purchase Agreement were entered by the Builder with Smt. X
The Share Certificates were originally issued in the name of of Smt. X
2.Smt. X, expired on 20/10/1987 intestate . At the time of her death Smt. X had left the following legal heirs ,a (Son)b(Daughter)c (Daughter) d) .( Husband)
3. Smt.X had made nomination in favour of her son But despite the request of Son the society did not transfer flats in his name.
4. The husband marries 2nd time in 1964 during the existence of his first marriage.
5. In the meantime, the son dies.
6. The husband(Disputant) approaches Co-operative court and obtains an award reading as under
“The opponents,its office bearers,agents,Servants and any person or persons claiming through them or either of them are hereby permanently restrained from transferring the flat No.111 and Shop No. 11 in b name of any third person in whatsoever manner save and except the Disputants”.
7.Thereafter husband requests society to transfer the flat in the name of 2nd wife.the society accedes the request and transfer the flat apparently based on the order of Co-Op court and an indemnity executed by 2nd wife. The husband had also made a will and had bequeathed, the two flats to 2nd wife.This will seemed to have been used by the Society as supporting document while transferring flats.
Based on the above factual scenario please let us have considered opinion on the following
1) Whether the transfer made by society is correct
2) What are remedies available to the other heirs of x
3) What steps can be taken against society
4) What steps can be taken against 2nd wife who now holds flats
5) Any other remedies available in the matter