Power to mortgage extends to power of sale?

It amounts to misuse of authority and liable for action.

Originally posted by : Atman
	Can anyone tell if the power to mortgage extends to power of sale? Example a society through it's byelaws gives the power of mortgage to its president then can he use this power to dispose/sell the property though the clause to dispose is absent in the byelaws?

1. IT would be a criminally prosecutable offence of Cheating, Fraud, Misrepresentation to sell property based on "power to mortgage".

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

The president cannot sell society property without 2/3rd or 3/5th majority approval from the General Body.  Generally, in the clauses of bylaws, disposal of the property only to the president does not permit.  If any noted in the bylaws, that is for the mortgage from the banks/financial institutions along with other EC members preferably Treasurer or Secretary.

The President / Secretary or any member of managing committee can mortgage or dispose property without proper authorisation / grant of attorney by allottee /purchaser / owner.

Facts posted are ambiguous and vague which need clarity.

It would be better to consult a local prudent lawyer for appreciation of facts /documents, professional advise and necessary proceeding.