Society redevelopment

Franklyn (Querist) 24 June 2024 This query is : Resolved
Dear Sirs,
Our society of 56 members has embarked on to the process of redevelopment. Under the Directive Guidelines of Section 79A we need ¾ th members for crystalising decisions in a SGM. However, we have some members who are stationed abroad and are unable to attend meetings as frequently arranged but have given their written consent that they will go with the majority in good faith.
My query is do the 3/4th absolute number of members need to be physically present at the SGM or their written consent will do. By the way, of the 56 members 54 have given their consent for redevelopment and one member is incapacitated (in coma).
Please advise how we proceed
Thank you

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Quick Summary

A society of 56 members is undertaking redevelopment and needs to understand the quorum requirements for their SGM. The key question is whether the 3/4 majority requires members to be physically present or if written consent from those abroad is sufficient. With 54 members already consenting, including those abroad, the advice suggests they can proceed as they have the required majority.

kavksatyanarayana (Expert) 24 June 2024
The majority calculated is 2/3rds or 3/5th members present to AGM. So you can proceed for re-development.

T. Kalaiselvan, Advocate (Expert) 24 June 2024
You already have a consent of majority members for the redevelopment plans, hence you can proceed.

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