arpit samaria 20 March 2020

Civil law

A piece of land was bought in1977 in the name of a registered society. But in 2012 the then president and Vice President of the society sold the land claiming that they had paid the consideration for the land in 1977 and because of love and affection they bought it in the name of society. Does this transfer of society's property void, if yes, please give legal preposition or case laws.

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4 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 20 March 2020

Dear querist,

Society can sale or purchase land or property through chariman and secretary or any appointed person. If you feel aggrieved you can challenge the same.

Regards,

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 20 March 2020

A registerd soceity cannot sale its property without passing a specific resolution to that effect specifying the special reasons for selling the said property and moreover, its proceed cannot be taken away by its President or Vice-President for its own use in the name that the said property was purhcased by them in 1977 out of their own money and that the registered sale-deed was got registered in the name of the soceity out of love and affection.

BUT what were you doing since 2012 when the said property was illegally sold by the office-bearers of the said society. Even you have not told your locus with the said facts.

arpit samaria 22 March 2020

Respected Sir, We filed a suit in 2012 and got the stay which was in operation till January 2020 as our suit was dismissed in January 2020 by the district judge. However, we've filed CFA in the high court. Thank You for sharing your valuable knowledge sir but could you please provide some legal precedents?

Varun Singh Kalra 17 May 2020

Hello Arpit,

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