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Prakash S. B.   23 August 2013 at 08:18

The maharashtra co-op. hsg. societies act, 1960.

Our Housing Society has not yet adopted the new By-laws, as amended under the 97th Constitutional Amendment?

(1) Whether the said new By-laws have become operational, effective and mandatory? If so, from which date?

(2) In the circumstances stated above, whether 1/5th members of the Society should submit a requisition in writing to the Secretary / Chairman of the Society to call a Special General Meeting for adoption of the said new By-laws?

Prakash S. B.   22 August 2013 at 22:46

The maharashtra co-op. hsg. societies act, 1960.

(1) When an Annual General Meeting is postponed, whether a Co-operative Housing Society can circumvent the provisions of Rule 60(8) of the M.C.S. Rules, 1961, read with By-law 103 and call a Special General Body Meeting instead of calling the postponed Annual General Meeting as per Rule 60(8) of the M.C.S. Rules, 1961, read with By-law 103 for passing the accounts of the Society for a given financial year after the expiry of the period stipulated under the said Rule 60(8)and By-law 103 and also pass the accounts in that Special General Body Meeting after the expiry of the period stipulated under the said Rule 60(8)and By-law 103?

(2) Whether Sections 75(1), 75(4) and 75(5) of the M.C.S. Act, 1960, are attracted if the postponed annual general meeting is not called and held within the period of 30 days as prescribed and envisaged under the said Rule 60(8) read with By-law 103 and accounts are not passed within the said period of 30 days?

(3) When an Annual General Meeting has to be postponed as business in respect of two items could not be transacted, whether one of the two items (of which notice was given to members) can be deleted / excluded from the agenda of the postponed Annual General Meeting or from the agenda of the Special General Body Meeting referred to herein above?

(4) Whether a Special General Body Meeting can be called by the Chairman and / or by a majority of the Committee on their own i.e. in the absence of a written requisition of 1/5th of its members or if it is not called at the instance of the Registrar or the Housing Federation of which it is a member, as envisaged under Section 76(1)of the M.C.S. Act, 1960?

BAALASUBRAMANNYAMM   06 February 2013 at 15:41

"prior consent" is required fom tenant or not?

Respected Experts,
Plz. suggest me suitably. My question is:

"A" is the Owner and "B" is the tenant. Both of them have executed a Lease Deed/Rental Agreement and got it registered.
Now "A" wants to alienate the said leased premises to 3rd party. I heard from my colleagues that "A" should get prior consent about the alienation from "B".
Suggest me whether it is correct or not. If so quote the Section of Law.

Thanks

Aniket Ahiwale   04 February 2013 at 18:39

Purchase of agriculture land

Hi,
I have been a Maharashtra resident since birth. I wish to purchase Agriculture land in Maharashtra legally to start farming . My Grandfather owned agri land in Satara District. He sold the land in 1993. After that we have never owned an agri land. My uncle (Fathers elder brother ) has an old farmers certificate issued in 1993. Can we buy land in Maharashtra on the basis of the farmers certificate. If not is there a legal provision to buy agri land. I have heard that I can apply to the collector u/s 63 of Maharashtra land act. If required kindly let me know of the required format.