(Querist) 21 September 2012
This query is : Resolved
Dear experts A society registered under the Tamil Nadu societies registration act 1975 wants to sell a land.Is this society needs to get permission from the court like the Trust? or Is it okay to pass a resolution and sell the same.According to the bylaws the secretary is the authorized person to do this. Kindly advice me.
(Expert) 23 September 2012
To my knowledge and experience, a resolution with majority of the members present with 21 days notice prior to the meeting, which passed the resolution enables the society to sell its immovable property. It should be done by public tender called through daily newspaper and by selecting the highest bidder through another meeting of its members or Executive Committee according to the powers enumberated in the society's byelaws and to use the sale price for the purpose or moto of the society. Even if the secretary is authorised, it is better to sell by following the above. There is no need to get permission from the court like Trust.