Transfer of flat in a chs to public trust under mcs act 1960
Vaidyanathan
(Querist) 19 March 2016
This query is : Resolved
Dear Sir,
As per bye law No.17(a)(vi) A Public Trust may admitted to membership of a Coop. Soc.
Question:
1. Can the Co-op. Housing society refuse admission to Public Trust if the premises is to be used for conducting charity activity in the premises.
2. What is the existing terms and condition of the Government Notification in this connection.
V. Vaidyanathan
Dr J C Vashista
(Expert) 20 March 2016
You have mentioned the provisions of "Bye-Laws" of a CHS; however, what is the rule/ act on the issue?
As per "Bye-Laws" public trust "may" be admitted to membership, speaks about discretion which is not compulsory/ mandatory in nature, it may be denied by the Managing Committee/GB of CHS.
Contact and consult a local lawyer with all relevant information and documents.
Dr. J C Vashista, Advocate
Delhi High Court
Cell# +91 9891152939
email: majjagdish@yahoo.com
Rajendra K Goyal
(Expert) 20 March 2016
Academic query, state facts of actual problem if any?
Hemant Agarwal
(Expert) 24 March 2016
1. A CHS "CANNOT" deny membership to a Trust, under any circumstances.
2. A CHS, vide a duly passed General Body resolution, by majority, can lawfully "restrict" usage of the premises for anything else but for residential usage.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
