Legal Question in Civil Litigation in India

We are Co-operative Housing Society. One member (call A) dies in 1980. He had nominated his wife. Wife (call B) became member in 1981. She was having two sons (call C and D). In 1985 'B' nominated son of 'D'. In 1986, 'B' died. Before the filing of application of membership by son of 'D' , 'C' filed objection for transferring the flat in the name of son of 'D'. The disputed property is in the possession of son of 'D'. 'C' filed suit in 1986 before Co-operative court and claimed that he is the elder son of 'B' and therefore heir of 'B' and flat is required to be transferred in his name. Son of 'D' claimed that 'B' had executed Deed of Gift in respect of said flat in his favour and she had also nominated him as per society record. The matter went on before Co-op Trial Court and Co-op Appellate Court and finally in the month of June 2009, Appellate Court directed the Trial Court to return the complaint to file it before proper forum.

Till date, there is no decision of any court as to who would be the owner of the disputed property. Since there is dispute, no claimant is paying monthly dues of the society since long and now dues are accumulated to Rs.4.00 lakhs. Society has filed application separately before Co-operative Court praying for recovery arrears from son of 'D'. Matter is still going on before Co-operative Court. We office bearers are having many questions on this matter for which we are not getting answers. Whether during the pendency of our Arrears Claim before Cooperative Court--

-can our society admit son of 'D' as member on the basis of nomination filed by 'B'?

-Can our society ask son of 'D' to discharge all liabilities i.e. arrears due to the society as per Rule 24 of The Maharashtra Co-op Societies.Rules 1961?

-Can our society ask son of 'D' to file papers as required under bye-laws 38(e) and to pay fee of Rs. 500 + 100 = Rs. 600/- for consideration of his membership?

-can the Society ask the claimants to produce succession certificate from the competent court, as provided in bye-law No. 35 ?

-Whether Gift Deed is required to be accepted by the society as it is or the said Gift Deed is required to undergo any legal process.

Kindly advise us what action society should take.

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