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saby031965 (SERVICE)     24 July 2012

Signing on original members behalf in a chs

Warm Regards to All,

One of the Flat in our society at Mumbai, is owned by a member who resides in Madhya Pradesh. His son resides at Mumbai in above Flat. We have to come to know that in order to become an associate member and be a part of the committee, he has signed in the form 10-A and some other forms/letters on behalf of his father. We feel this is an act of forgery. We have complete set of documents with us and signature do not tally.

What to do in such case ?

How to prove that this is an act of forgery ? Whom to approach ?

How can we stop such person from standing for election ? Please guide . Right now we have an administrator in our society, who is under influence of above person.



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 July 2012

There is a forensic laboratary in Hyderabad. The experts of the lab wil decide and report. This report can shown as evidence in the court of law.

1 Like

CA. Vikash Dwivedi (Chartered Accountant)     26 July 2012

why are you jealous?? making an issue of small thing if he is not harming you/ society.

i dont think your all the act and deeds in your entire life were in consonance of Act and laws. 

saby031965 (SERVICE)     26 July 2012

I wouldn't like to comment on your thought process and I am least bothered about your thinking, as you do not know the facts. For your information I am not jealous of him. Current situation of our country is because of our attitude, Mujhe kya farak padta hai ? I have requested for an expert advise not a debate Mr.Dwivedi. Thanks still.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 July 2012

1.  Only a affected person (i.e. whose signatures are allegedly forged)  can raise up the issue or lodge a police complaint.  The CHS has no jurisdiction to raise any objections, accept to take precautions by asking for the original notarised copy of the said documents, giving reasons that the said documents were not executed in Maharashtra and that members signatures do not tally with the signatures on the society records.


2.  In the instant case, the affected person is the person who resides in Madhya Pradesh.  Hence only this person can lodge complaints about fraud and forgery.  Since it is a Father-Son relationship, and even if it is a forgery, the father will probably not take any action whatsoever  .OR.  still further the father may simply declare that the documents and signature are genuine, THUS bringing the CHS into legal trouble at the hands of the members Son.


3.  The CHS may write to the member in Madhya Pradesh, enclosing the document set, and request him to confirm his signatures on the documents and further request him to notarise such documents and return it to the society, after which the CHS may proceed with the same.


4.  There are legal implications, when the CHS puts allegations on Fraud & Forgery on anybody, without appropriate documentary proofs.  Mismatch of members signature on earlier society documents, could be because of several factors and cannot be a justification for such allegations.


Keep Smiling .... Hemant Agarwal

saby031965 (SERVICE)     26 July 2012

Hemant Sir thanks a lot for your valuable inputs. Sir, original member resides at MP, after registeration of flat at Mumbai, he has never come to Mumbai, in associate member form it is mentioned that they are jointly and severally responsible. We are not claiming its forgery, there are many sequence of events, days when original member signature were used with in 24 hrs for becoming an associate member, in terms of form 19b, 118(v), 10-A,etc. Can we as member get it forensically examined, or through RTI get it examined through registrar office ? Regards

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 July 2012

Originally posted by : saby031965

Can we as member get it forensically examined, or through RTI get it examined through registrar office ? Regards

 

Please re-read my earlier post, for answers to your queries.  Coop Registrar has no jurisdiction and neither the govt. forensic dept, has any jurisdiction to examine any such papers,  UNLESS AND UNTIL THE AFFECTED PARTY LODGES A CRIMINAL COMPLAINT AND DUE PROCESS OF LAW IS FOLLOWED.

 

Forget the issue. It is not worth it, neither monetarily nor socially nor any-other-ily.

 

 

Keep Smiling .... Hemant Agarwal

saby031965 (SERVICE)     28 July 2012

Hemant Sir, I have recently joined lawyers club, gone thru many old opinions of yours on various matters, its wonderful to read.

Your reply to my query did bring smile on my face as I post this. I will do as you say. Sir, one more query an adminsitrator is appointed in our society on 13/04/2012, who is spending money as per his own whims and fancies with no transparency or accountability. Sir I read one Govt directive/circular that adminsitrator are also suppose to fill some bond on the pattern of M-20 by committee members. Is it true ? Yes/No - If YES, and when same is not filled do administrator also vaccate their office after 45th day and any action by them become null and void. Sir your expert opinion on the same will be of great help. Regards Smilingly.


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