Gpa holder representative of member

Swaty Gupta (Querist) 03 August 2021 This query is : Resolved
Dear Experts,
I am the president of a cooperative housing society. One of the members bought a flat through GPA. He never attends any AGM or involves in any society matter. His sister though is a persistent headache for the whole society. She is loud, volatile, extremely argumentative and causes extreme nuisance. It is a regular practice for her to make regular complaints to police about managing committee and residents. She is neither an associate member, nominal member or has any share in property.
Recently, she got her brother who is the member to issue a GPA in her name to represent him in society and to ask questions to committee. Kindly note that brother resides here only and is always available.
Is such a representation valid? Can the management committee refuse to acknowledge or accept it.
The GPA isn't registered either

Regards,
Vinay Goel

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Quick Summary

A housing society president is seeking advice regarding a member's sister who, armed with an unregistered GPA from her brother (the actual member), is attempting to represent him and interfere in society matters. The consensus is that a GPA holder, especially one who is not a member or associate member and where membership rights are not transferred, cannot validly represent the member. The management committee is advised to refuse this representation and can even take action against the sister for nuisance, consulting a local advocate for guidance.

Dr Sanjay Sinvhal (Expert) 03 August 2021
Please indicate in which State your society is situated to advice

Swaty Gupta (Querist) 03 August 2021
My society is in the Delhi state. It is a cooperative group housing society. Thanks

Dr J C Vashista (Expert) 04 August 2021
You must refuse to entertain the GPA holder / "non-member" i.e., purchaser brother or his sister.

Delhi Cooperative Societies Act, 2003, Delhi Cooperative Societies Rules, 2007 and Bye-laws adopted by your society govern the issue.

If you feel so, may contact me (on appointment) at Ch, No. 647 Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 email: majjagdish@yahoo.com or visit JCV India.com

P. Venu (Expert) 04 August 2021
Have you brought the situation to the notice of the brother? What is his stand?

Anyhow, Police has no jurisdiction to interfere or try to settle ot decide civil disputes.

Swaty Gupta (Querist) 04 August 2021
Thank you experts. Kindly note that the trouble isn't the police complaints she makes. Even the local police is well aware of her frivolous complaints. It is mentioned only to explain that she is a great nuisance maker in society.
However, she and her brother made this gpa so that she may interfere in day to day working of society, and ask office for accountability.
The GPA says that she will represent her brother in the society in all respects(defined at great length).
However, there is nowhere mention of transfer of membership, membership rights, or any share in property.
She is just a family member of a society member telling us that now with this GPA, she holds the status of a member and can make the office accountable to her.

SHIRISH PAWAR, 7738990900 (Expert) 04 August 2021
Hello,

Membership is not transferred and she is not even associate member so she is just a family member of society member. Society managing committe is not answerable to her. Society can complaint against her for nusiance etc. Take the help of local advocate and discuss the matter in full length and take legal action against her.

kavksatyanarayana (Expert) 04 August 2021
Mr. Vasistha sir has given his address. so contact him.

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