Fiduciary relationship
Ashok Kuvadia
(Querist) 05 September 2013
This query is : Resolved
FIDUCIARY RELATIONSHIP OF SECRETARY OF CO-OP. HOUSING SOCIETY:
Dear Experts, in anticipation I am thankful to all of you for giving me your valued Opinion time to time.
Secretary of the ownership co-operative housing society is one in whom the members of Society place the utmost trust, complete confidence, reliance and entrusting the power to manage affairs or business and to protect the Society for the betterment and benefit of its members. Secretary owes the duty of loyalty and diligence to the Society and its members and to act for their benefit within the scope of the relationship as an AGENT-IN-TRUST for the members of Society.
My Query: Considering aforesaid aspects--
(a) Is it correct to hold that Secretary is having FIDUCIARY RELATIONSHIP with members of Society?
(b) Is it correct to hold that Secretary is in a position of ACTIVE CONFIDENCE with members of Society?
(c) Is it correct to hold that Secretary is in a position to DOMINATE the WILL of members of Society?
(d) Is it correct to hold that, as per S-111 of Evidence Act, Secretary is having BURDEN of proving absence of fraud, misrepresentation or undue influence in a transaction / contract made by Society with him and that the transaction / contract is genuine and bona fide?
(e) Is it correct to hold that as per S-16 (3) of Contract Act, the BURDEN of proving that contract made by Society with him was not induced by undue influence shall lie on Secretary?
N.B.: It is respectfully solicited to give explanation , if possible, where the answer to the above query is negative or otherwise if require.
Thanking all in anticipation, again,
Ashok.
R.K Nanda
(Expert) 05 September 2013
meet local lawyer personally.
Kuummaar AS
(Expert) 05 September 2013
Please advise role, duties and functions of Secretary mentioned in the documents of CO-OP. HOUSING SOCIETY being referred to by you.
ajay sethi
(Expert) 05 September 2013
read provisions of cooperative societies act . the role of secretary is mentioned therein . secretary is in charge of day to day management . he cannot impose his will on members . he along with other members of managing committees are trustees . he is elected by the Managing committee and is answerable to the members .
Guest
(Expert) 05 September 2013
Your query, with all the questioned included in that, is purely of an academic nature. You should not have expected the members to hold tutorial classes, just to confirm your own interptretations about the duties and responsibilities of any organisation.
Better discuss, what is the real problem, if you are facing any, pertaining to the coop society as a member. Where the law in itself is not clear, interpretation of law is always with reference to the nature and circumstances of the problem.
If you want to gather general knowledge only, you are advised to read Cooperative societies act and rule and model byelaws of the societies.
Raj Kumar Makkad
(Expert) 05 September 2013
I strongly endorse the wise advice of Ld. Dhingra ji.
