Reg. cooperative society resolution and gpa

The posting suggests deeper issues. Please post complete facts.

If the original GPA deed was executed by the society authorising the Secretary of the society or the developer for all such acts as enumerated in the deed, then only such authorised person/s can perform the task assigned in the deed.

If any other person is acting in his own capacity then it can be considered as an ilelgal act and can be prosecuted for this illegal act.

In fact if the original GPA deed was given by the society, then for any change in the power agent, the present GPA needs to be cancelled and fresh GPA in favor of the new power agent to be executed, especially if there is no such clause present in the original or principal deed for replacing the existing power agent.

Dear sir

Some land owners have executed a gpa in favor of secretary. Who has resigned from post. ( registered gpas). 

Some land owners have executed gpa in favor of developer of society who is an individual. ( unregistered). Developer is also deceased.

Now,  the president new board are selling sites as GPA holder using both version of gpas stated above which are showing secretary and developers as attorney to land owners and they have written a recital in sale deed that, lands owners have executed gpa in his favor(president) and  society board members have passed resolution which empowers president to execute sale deeds on behalf of secretary. Such resolution is valid ?

If you are an aggrieved party you can file a permanent injunction suit against them restraining them from selling the property on the basis of fake or illegal GPA deed and to declare all the sale deeds executed by them as null and void. 

 Under 83 of registration act 7 years imprisonment is mentioned. So will complaint work 

In the absence of material facts, your posting is a riddle than a query.

I am not a lawyer and I am not able to understand this. An individual when he is not able to act himself on account of being disabled or being away from the place or any other reason may give power of attorney to another person. A society, a company or an organisation is a body of inviduals and will have a managing committee or board of governors or known by any other name who are entrusted with the management of the affairs of the body. If the Chairman, Secretary or other office bearer is not able to act, he will vacate that position and another person would be appointed. The Chairman, Secretary or other office bearer has the powers to act on behalf the body. No power attorney is required. If a group of individuals want to form a society have not yet formed and want to act towards the aim, one among them may be given power of attorney to act on behalf of all the members. A narration of the case here is necessary to understand what is the problem.

The question asked here is: "Can president of cooperative housing or vice president of cooperative housing society execute sale deeds." The answer is "they can if th constitution of the body allows it". If the Secretary is holding POA there must be a history behind it and it requires narration.

Read more at: https://www.lawyersclubindia.com/forum/reg-cooperative-society-resolution-and-gpa-233943.asp