Unclaimed in our society.

This query is : Resolved 

Online (Querist)
07 March 2021

we have one unclaimed room in our society since 2002.The said room was alloted to a person in 1989 but after 2-3 years the owner was missing. Our society officials used to give the said room on rent and kept the rent amount in the joint personal account in the individual name of secretary and chairman. They have not even logged a missing complain at police station. Now we have to suit a recovery process against the said room our land is under leased rent agreement with Mhada(Society situated in gorai 1 borivali west). Can we excute the recovery process and get that room in the possesion of the society. Some of our members are insisting to hand over the said room to the Mhada. Please advice us whether it will be wise decision to handover it to Mhada or excute the recovery process and get the physical possesion of the said room under society.

P. Venu Online (Expert)
09 March 2021

Any suggestion depends upon the law under which the Society is registered.

Dr J C VashistaOnline (Expert)
11 March 2021

What do you intend to recover and from whom ?
How it is possible that the room was allotted in 1989 and is missing since 2002 and no one has come to claim ?
How the Cahairman & Secretary can rent out the room without an authorisation ?
Whether the rent collected by the office bearers is accounted for separately ?
It is advisable to consult and engage a local prudent lawyer for appreciation of fact/documents, professional guidance and necessary proceeding.

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