Mumbai chs poa
Dheemant Shetty
(Querist) 25 April 2014
This query is : Resolved
Dear Experts,
I have a few queries regarding our Chs.Request your advise/suggestions on these points.
My father is of age 75 plus and wants to give me a power of attorney only so much as so be authorised to speak / communicate in all forms with our buildings society and represent him in meetings and vote on his behalf. Also, to excercise his right as member in society matters.
My queries are :
1)Such a POA needs to be made on what value of Stamp Paper?
2) Does this POA need to be registered mandatorily?
3) if not registered, does it need to be notorised?
4) Would making me an associate member be a better option?
5)in case, he makes me an associate member, is it a compulsion that i should be residing with him in the same flat?
6)As an Associate member, will i be able to excercise rights on his behalf, such as right to enquire, vote, speak , demand in society matters on his behalf?
Devajyoti Barman
(Expert) 25 April 2014
1. Rs.50/-.
2. No
3.Yes
4.Yes
5.Not necessarily.
6.Yes
Rajendra K Goyal
(Expert) 25 April 2014
1. State subject, stamp fee is to be confirmed locally.
2. No compulsory registration necessary.
3. Get it notarized.
4. yes it is a better option.
5. Not necessary.
6. Yes.
V R SHROFF
(Expert) 25 April 2014
1. 500/-
2. No
3. yes: notarized.
4. yes
5. Not necessary.
6. Yes
malipeddi jaggarao
(Expert) 25 April 2014
I too go with the expert of Mr.Rajendra K Goyal.
ajay sethi
(Expert) 25 April 2014
no such power of attorney can be given . please note that in cooperative societies only members can attend . POA cannot attend , participate in discussions and vote
Hemant Agarwal
(Expert) 25 April 2014
1. In Maharashtra, all POA, which relates to "immovable property", in any manner, has to be on a 500/- stamp paper and registered compulsorily AND NOT NOTARISED.
2. POA holder, on behalf of a registered Society member, has any & all the rights, BUT TO THE EXCEPTION OF ATTENDING SOCIETY MEETINGS, VOTING, PROPOSING AND SECONDING RESOLUTIONS.
3. Under the amended Maharashtra Coop. Societies Act, 2013, the Associate Member, shall have NO right to contest Society Elections, Voting, Proposing and Seconding Resolutions.
4. An Associate member will NOW NOT be able to become a Mg.Committee member, sign redevelopment agreements or whatever.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Dheemant Shetty
(Querist) 25 April 2014
Respected Experts... Thank you for your prompt advise.. Request a few more inputs.
1)Once my father & i submit the form for becoming associate member, Does the MC have a right to not allow me from becoming an associate member? If yes, then under what circumstance?
2) Please note that i also have taken on rent another flat in the adjacent colony and am residing at both flats periodically (my fathers flat in the concerned said society & my rented flat). Can this be used by the MC,as a reason to deny me the right to become associate member?
3) In a specific case of my building, The secretary and another MC member are both associate members. Further to the clarification by Hemant Agarwal Sir..This clearly violates the amended MCS act 2013. Can i, as an POA holder on behalf of my father or as an Associate member challenge their position. What legitimate steps should i follow inorder to do so appropriately?
T. Kalaiselvan, Advocate
(Expert) 26 April 2014
You have been advised well by experts, please do not raise the same queries in a different form.
Devajyoti Barman
(Expert) 26 April 2014
1. Yes, it can by passing resolution in majority.
2.No
3.No need for POA.
Hemant Agarwal
(Expert) 27 April 2014
NO OFFENCE MEANT, "B U T", contrary to what expert Shri Devajyoti Barman, has stated:
1. The discretion & prerogative of appointing a "Associate Member", rests only with the registered member-owner, and he can appoint .ANYBODY. as his associate member and/or POA, which includes the local paanwala, the mandir beggar or whosoever. It shall NEVER EVER be necessary to appoint only a family member as a Associate member or a POA holder
2. The Society Mg.Committee or the General Body, has NO lawful jurisdiction to refuse the right of its registered member (whose interest the Society has to uphold, always irrespective of anything) to appoint anybody as its Associate Member, subject to proper execution of the relevant Associate membership form and fees, therein.
3. Society General Body majority resolutioins /decisions which are against the Act & Rules (i.e legislative intent) can be safely flushed down the sewage drain (will not stand the test, in court of law)
4. Contrary to what is mis-understood, An Associate member, is entitled to deal ONLY with INTRA-Society matters, (attending society meetings etc....) under the parameter of the MCS Act. A registered POA is mandatory to deal with various other agencies (Courts, Municipal, Taxations, or whichsoever).
NOTE: Associate Membership DOES NOT CONFER "Constituted Attorney" power /authority /rights, which is possible ONLY under the Power of Attorney Act.
Quote: "It takes an unusual mind to think of the obvious"
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
