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TMI Blog2017 (7) TMI 1434X X X X Extracts X X X X X X X X Extracts X X X X ..... nitiated by the transferor or by any person claiming under him. Shri Dhillon P. Shah and his wife never disclosed the fact of the alleged sale of the suit property to anybody including any member of the Society. It is more than obvious that with a view to wriggle out of the recovery proceedings, after the death of Shri Dhillon P. Shah this document has been fabricated. This document does not transfer any right, title or interest of the property and, therefore, the Revisional Court and the High Court erred in allowing the claim of the respondent No.1. The order of the High Court and the revisional/appellate authority accepting the claim of respondent No.1 are set aside and the claim of the respondent No.1 is rejected - Appeal allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... guarantors. Demand notice was sent to the Company and also to Shri Dhillon P. Shah and Smt. Shivangi P. Shah on 12.12.2001. In the notice it was stated that the property of these persons including Flat No. 12/5 Gopal Bhuvan, New Shrinath Kunj Co-operative Housing Society Bapubhai Vash Road, Ville Parle (West) Mumbai (hereinafter referred to as the 'suit property) and another bungalow owned by Smt. and Shri Dhillon P. Shah, were to be attached and sold for recovery of the dues of the Bank. Both the properties including the suit property were attached. The bungalow was sold for a sum of Rs. 1.6 crores. That sale is subject matter of separate proceedings. 5. The attachment order was issued on 14.12.2001 and the same was served on Shri Dhillon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions under Rule 107 (19) (c) of the Maharashtra Cooperative Societies Rules, 1961 challenging the attachment order on the allegation that he had purchased the flat through agreement dated 04.10.1995 and was in possession of the same from 12.04.1996. 9. The respondent No.1 also challenged the decision of the Society refusing to grant him membership. The Deputy Registrar vide order dated 18.09.2006 allowed the appeal of the respondent No.1 and directed the Society to admit him as a member. It would be pertinent to mention here that in these proceedings the Bank was not a party. The Bank on coming to know about the order of the Deputy Registrar dated 18.09.2006 also filed a Revision Application before the Divisional Joint Registrar on 16.07.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtinent to mention that admittedly the respondent No.1 was a close friend of Shri Dhillon P.Shah and he also states that he had a lot of business dealings with him. According to the respondent No.1 an amount of Rs. 20 lakhs were advanced by M/s. Hitesh Corporation a proprietary firm of the respondent No.1 to Shri Dhillon P. Shah on 05.12.2004. Admittedly, this advance was made not in connection with the flat but either as a loan or part of some business transactions. According to the respondent No.1, since Shri Dhillon P. Shah could not repay the amount of Rs. 20 lakh on 04.10.1994 he executed the alleged agreement to sell in his favour. Pursuant thereto respondent No.1 took possession of the said flat on 12.04.1996 and thereafter had been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the nature of `GPA sales' or `SA/GPA/will transfers' do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immovable property. The courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property. They cannot be recognised as deeds of title, except to the limited extent of Section 53A of the TP Act. Such transactions cannot be relied upon or made the basis for mutations in municipal or revenue records. What is stated above will apply not only to deeds of conveyance in regard to freehold property but also to transfer of leasehold property. A lease can be validly transferre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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