Special Leave Petition seeking Stay Order from Operation of Impunged Judgement

Updated at:March 2010
 
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In the Supreme Court of India

[Order XVI Rule 4(1)(a)]

Civil Appellate Jurisdiction

Petition for Special Leave to Appeal (Civil) No. ...... of 2007 (under Article 136 of the Constitution of India).

Between Position of the parties

In the Mumbai In this Court

High Court

Shri ................. son of ................. Respondent No. 1 Petitioner

And

  1. Cooperative Housing Society Ltd. Appellant Respondent No. 1

    of …………………… Mumbai

  2. ...................... Mumbai Respondent No. 2 Respondent No. 2

  3. State of Maharashtra Service Respondent No. 3 Respondent No. 3

    through ................

  4. Registrar of Cooperative Societies, Respondent No. 4 Respondent No. 4

    Maharashtra, Mumbai

    To

    The Hon’ble the Chief Justice of India, and His Companion Justices of the Hon’ble Supreme Court of India

    The Special Leave Petition of the Petitioner above-named

    Most Respectfully Sheweth:

  5. That your petitioner desires to move the instant Special Leave petition before the Hon’ble Supreme Court of India against the judgment and order passed by the Hon’ble Division Bench of the Hon’ble Mumbai High Court dated ................. in FMA No. ............. of ................

  6. Questions of Law

    (a) Whether the right of the Ownership of an apartment in the multistoried building under the Maharashtra Co-operative Societies Act 1983 is heritable and transferable?

    (b) Whether in the event of death of a member the legal heirs of such deceased member are entitled to inherit and get allotment of the apartment which the deceased member was entitled to?

    (c) Whether in the event of the member dies without nominating any person to inherit the apartment interest of the deceased member for such apartment could it be inherited by all the legal heirs or by one of the legal heirs or by one of the legal heirs in the event other legal heirs give up their rights in favour of such single legal heir?

    (d) Whether the right and interest of the legal heirs of the deceased member could be forfeited in the event of time taken in nominating particular legal heir for the same exceeded 3 months from the date of the death of the member because of certain unavoidable circumstances as the legal heirs were not available immediately in giving their consent and giving up their rights in favour of the single legal heir in whose favour the property desired by all the legal heirs to be transferred. More so when the Co-operative Society was intimated well in advance seeking extension of time in providing particular name in whose favour the property the legal heirs desired to be transferred?

    (e) Whether on the issue of transfer of share of the deceased member any consideration in respect of admission of a member is relevant?

    (f) Whether the valid membership in favour of the deceased member could be cancelled only because the name of the nominee in whose favour the property was to be transferred had taken some time for selecting such nominee by all the legal heirs?

    (g) Whether the Cooperative Society is competent to re-allot a valid allotment in favour of the deceased member even when all financial obligations are complied with and the allottee was not a defaulter?

    (h) Whether the Cooperative Society can re-allot the duly allotted apartment of a valid member in the event of death to a stranger ignoring the rights of the legal heirs of such deceased member?

    (i) Whether the question of re-allotment on expiry of 3 months could arise when admittedly the court was moved when allotment was made and in view of specific term of the Hon’ble High Court dated ……………… by which the Society was specifically directed not to allot the earmarked apartment being Flat No. 1 and could the Society ignoring such direction re-allot the flat to a stranger?

  7. Declaration in terms of rule 4(2). The Petitioner states that no other petition seeking leave to appeal has been filed by him against the impugned judgment and order.

  8. ...

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