Tenant property/society membership
Janhavi Mantri
(Querist) 16 October 2012
This query is : Resolved
I live in a co-operative hsg. soc. I am a member of this society. The land still belong to a charitable trust. no conveyance of land has been done. Trust is still the landowner. At the time of redevelopment the tenants have been awarded ownership flats and thus become members of the co-op soc. Those tenants who did not want to become a member of the soc. remained as tenants of the trust. The trust pays maintenance charges on behalf of tenants to the society.
Recently one of the tenant of trust became member of our co-operative society. he has been awarded membership without any NOC from the Trust who is the actual owner. As a member of society i questioned the committee about his membership and I was told that the society has the order from the deputy registrar of society, Mumbai to do so.
hence I approached the registrar and came to know that no such order has been passed in favour of the tenant. I asked society committee but they refused to provide further information.
My question is:
1. Can a tenant become member of co-op. soc. without noc from the trust (flat owner) and order from registrar?
2. Is it legal?
3. What legal steps can be taken as an individual?
4. Is it a kind of fraud?
Regards,
Janhavi
ajay sethi
(Expert) 16 October 2012
it is necessary to go through the agreement entered into between the trst and the tenant .
the tenant would not be admitted as member without request received from the trust .
ask for inspection of records . as member of society you are entiled to inspect the records of the society
Raj Kumar Makkad
(Expert) 16 October 2012
The act and conduct of the officials of the society seems suspicious when they claimed having received order from the office of Registrar. This act of the society is highly illegal when they are not providing yu the desired information despite of request. You can make a written complaint in the office of rhe registrar s NOC of Trust is required to induct any tenant as member of the society.
