Society bye laws for share transfer
arunkumark
(Querist) 15 March 2012
This query is : Resolved
In a regd hsg society mr.D has purchased a flat from Mr.C through regd aggreement where the name of mr.C does not appear in society records.Mr.C has purchased the said flat from Mr.B through regd aggreement whose name is also not there in society record.Now Mr.B has purchased the said flat from Mr.A witout a Regd agreement (20 rs stamp paper).Mr.A is the actual owner of the flat as per the society record.The first transaction took place in 1995 between A And B.We dont know the whereabouts of A and B.Mr.C has been served with the society notice for not producing the regd aggreement for share transfer from a to B.Even after that he sold the flat to Mr.D who is present occupier and a police officer of the said flat.He is pressurising and threatening the secretary to transfer the flat on his name in society register.He is also trying to pressurising the other member to dissolve the managing commitee to bring in new MC which will favour him.
my querry is whether he can be a member of the society/whether he can have voting right or become secretary/chairman of the society without having share transfered on his name.where we can stop him.He has managed to transfer the property tax receipt and also electricity meter on his name by paying them.what is the legal solution for this.
Deepak Nair
(Expert) 15 March 2012
Very complicated.
If he cannot prove the ownership of the property and share in the society, then he cannot have the right to vote and contest elections.
ajay sethi
(Expert) 15 March 2012
in the present case he has not been admitted as member . if he is not a member or associate member he cannot be elected as secretary or office bearer nor hold any voting rights
arunkumark
(Querist) 16 March 2012
Shri. Ajay Sethi Sir,
Thanks For the reply.I think bylaw no 117 is for disqualification of a member for election.Can any of the relative of the member become comittee member.Which authority to be informed for the agreement where a stamp duty is not paid in 1995.where to complaint.
ajay sethi
(Expert) 16 March 2012
if relative is owning a flat in society and admiited as member he can be a committee member if elected .
as far as non payment of stamp duty is 1995 is concerned your complait may open a pandora box . all agreements will be scrutinised .
