Accused for misappropriation of funds by miscreants in chs

Hello,

This post is to seek appropriate advice to a case that has been alleged against my Father as 'Misappropriation of Society's Funds'. Our family has been residing in the Society since 1982. Being a banker, a due to lack of enthusiasm from other Members he has always held some post in the committee - mainly and most recently that of the Chairman. All accounts of the society and submission of periodic statements, creation of bills have also been passed through him on various occasions - due to persons like Sec. or Treasurer not performing their duties correctly all these burdens would fall on him. Since the past two years there have been new members who have coe into the society and randomly have been constantly claiming some sort of issues in the societies funds. Since their arrival they have not even paid their own dues and have piled up large outstandings against their names. 

Last year they insisted that my Father and the then Sec. Treasurer and other committee members step down and they hold fresh elections for committee members. AS a result of strong arm tactics and basically shying away of all other members from such responsibilities, the two miscreants have been appointed to the posts of Sec. & CM.

For financial and health concerns and also to avoid encountering these tyrants who have attempted to tarnish his pristine and very honourable reputation ,my Father now wishes to move out of the society. Over the last few months potential buyers have approached us and now we have found an interested buyer who has already paid a token.

When we approached the Committee members for NOC for Sale of Flat, they have been stalling saying we have some points to discuss. A friend who is also in the committee revealed to us that these new Sec. & CM are claiming that there has been misappropriation of funds to the tune of 30 Lakhs over the past 'x' years and my Father being in a high post in the committee and constantly present has been a part of this. The situation is also causing tremendous stress to my father who has had several health problems lately. Before this goes any further and the situation gets out of hand, I would like to know:

What is the proof needed for such a claim to be made and who can make such a claim?

• Is anyone allowed to directly approach the accused party with such an accusation? Does such an accusation need to be passed with approval of all committee members?
• What is the status and law on providing NOC for sale of flat to current owner for processing agreement papers?
• Considering all documents have been handed over several times at the request of the concerned parties for scrutiny, is it permitted for them now - that we are looking to sell the flat - to raise this kind of issue and stall our processes.
• What is the stand that we must take when approached with such accusations?
• What is the case that can be levied back at these miscreants on grounds of (mental) harassment, character assassination and false accusations?
• If they may have destroyed or tarnished evidence to support their claim is there anything that can be done to rectify it? Assuming we also have past annual account statements of the society on record.

* As a note, when they learnt that our flat was up for sale they put a notice saying any persons interested in purchasing 'Specifically our flat #' must meet with Sec. & CM before going ahead with any procedures. No formal reason was given nor were we made aware of ANY issues thy had. Also the Chairman himself made a note to one of our neighbours saying that he would be interested in the purchase. Both these people have been heavily propagating and persuading other members to opt for redevelopment of the society and are hoping to push their own developers and make a quick-big-buck here.

Your timely and professional advice here would be highly appreciated as this matter is causing an emotional strain to my Father and also tension in the whole family.