Anonymous
11 January 2012 at 16:10
Dear Sir/s
This is regarding Maharashtra cooperative socities act 1960.
The managing committee in my building in new mumbai never submitted M-20 Form till date even after getting elected about a year ago. The Act provides that if the M-20 form is not submitted within 45 days of getting elected, then the committee members will be deemed to have vacated the office. Now, after getting elected the Committee held the AGM in August 2011 and passed various resolutions. My question is that As per the Act, if the committee members are deemed to have vacated office in absence of filling M-20 form, then will the conduct of proceedings, buisiness of the AGM and the entire proceedings of AGM automatically stand null and void and will not have any legal effect? If yes, then does it also imply that new election of committee should be held?
Also, what penal action or pecuniary action lies on Secretary and President of the Society for failing to fill M-20 Bond and also not ensuring that other committee members fill M-20 bond too.
Anonymous
11 January 2012 at 15:20
We,50 employees,together have purchased some land from a builder in the year 2010 and derived construction agreement for constructing the flats. At the time of registration of land, the builder has registered undivided share to each flat owner except 15% of land, which is meant for tot-lot. Now, the complex was completed in all respects and ready for occupation. We had requested builder to register the tot-lot area in the name of welfare association, which was registered by all 50 members for the welfare. To register the land on registered welfare association, what is the applicable stamp duty in AP to get registered the tot-lot area. Please advise us. Thank u.
Anonymous
11 January 2012 at 15:17
Dear Sirs,
I have taken the flat on rental basis in Jan.2009. The agreement is not registered, it was done on Rs 200 stamper paper. Now the owner is not refunding the full amount of deposit to me. Keys of the flat are with me. He has cut the lock and taken the possession of his flat. All the rent is paid by cheque only. In 2009,the rent was Rs.8000/- when the agreement was made.The agreement was not made for the year 2010 & 2011. The rent was Rs.9000 in 2010 and Rs.10,000/- in 2011. Sir, How I will get my deposit of Rs.50,000/-.
Vikash Singhania
11 January 2012 at 15:17
Dear Sir,
a title suit was filed in 2009 for partition of property along with injunction application. In that case status quo is granted by the Ld. judge depriving the defendents from any use of the property till the disposal of the suit in feb 2010. Now the current situation is that the suit is ready for evidence and prematry hearing from last three dates. but on every date plaintiff advocate take adjournment on the ground of plaintiff illness. plaintiff have no claim, right or interest in property. we want to vacate the status order from the property.pls guide me.
Thanking you
J.S.TIKHE
11 January 2012 at 15:12
Hi,I have purchase a resale flat. I have complete all the procedure of society. But by mistake,my earlier owner lost the share certificate.Please guide for the duplicate certificate.
Anonymous
11 January 2012 at 13:37
We have purchased a property (a hall) We have a registered Society under Society Act, 1860 Delhi NCT. Our query is:
i) in whose name the property will be purchased? In the name of the society or in the name of all the members (governing body and desirous persons)
ii) Who will be authorised signatory in the property document. We have a President, Secretary & Treasurer apart from other office bearers and executive members.
Thanks for expert advice. However, I may clarify that the by laws of the society are silent as to who will sign the property paper. The by law says that the property will be purchased in the name of the society. Does it means that the President, Secretary and Treasurer's signature will suffice. Please elaborate.
Ranjeet Singh chauhan
11 January 2012 at 03:52
Hi Friends,
Once again I am here to ssek the help from samurai of law and legal jargaon. Our office is dealing with one HUDA matter and need the act PDF copy. In spite of my inumerable attempt on internet. I could not find it and like my other my serach always end here(lawyersclunindia.com) as there is always answer to my questions.
Thanks
Ranjeet Singh Chauhan
President, Social Empowerment & welfare Association
nasheva
11 January 2012 at 01:46
I had applied housing loan from a bank in Chennai. Their legal dept is insisting for me to get the legal heir certificate for the property i had bought in 2005. The property was sold by a power agent, after getting a PoA from 4 grandsons of a deceased person, in whose name the land was. The father of the 4 sons is also deceased. Now when i contacted the power agent, he is not co-operating in getting me the Legal Heir Certificate & my loan application is hanging in balance. What shall i do now? Is there any other way out?
Anonymous
10 January 2012 at 21:22
A client of mine had taken loan from nationalised bank in the year 1998,since it was a large piece of land and he had single document bank had drawn a layout marked 50% of the land as secured and rest not coming under banks charge.In the year 2000 he sold to the third party the the remaining land not under banks charge. In the due course his account became NPA in the year 2003 and bank filed a suit and got recovery certificate and brought the entire property for sale in the year 2008. He got stay order In DRT on the contention that when notice was was served on him bank had shown the marked portions as under its charge,but when it brought for sale it gave the entire schedule as under its charge. Bank got the stay vacated using the argument that the loan amount exceeded the secured asset and therefore can proceed with entire land at its disposal. In the meantime it took possession of the remaining property which was bought by third party. As he has been dispossessed of his property the third party filed a criminal suit against the borrower who is client.Now the auction date has been fixed for the entire property. Sir I would like know what are the options left for my client to protect his property from bank and dismiss criminal suit filed by the buyer of the unsecured land . Please help it is very urgent
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Maharashtra cooperative societies act ,1960 - unjust car parking charges
Dear Sir/s
The cooperative society in my building in new mumbai, in the AGM, conducted in August 2011, fixed the four wheeler parking charges for parking inside society premises to abnormally high of Rs. 250/- per month while that for two wheelers was fixed at Rs. 25/-. While fixing the rates for four wheeler and a two wheeler, no logic was aplied but just a voice cal was accpeted by the majority members who only own two wheelers. You can also noitce the unjust difference in rates of four wheeler and two wheeler i.e. Rs. 250/- for cars and only 25 for bikes.
My question is if i want to challenge this arbitrary hike in car parking charges by the society, what remedy do i have? 1) can i call - by obtaining signatures of one fifth of other members as prescribed in the Act - for a Special General Body meeting? or
i have no remedy against the orders of society except to fall in line and accept even if it practically sounds too unfair?