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Rucha (at home)     19 April 2013

Rights of a non member (legal hier)

Dear Team,

We have a flat that belongs to my late grandmother, the ownership transfer was never done due to internal family matters. My father expired as well and currently my mother stays in that flat. My aunty (sisters of my father) have provided a letter to the society mentioning their objection for transfer of flat without their consent.

Now the secretary and chairman are harrasing her sending numerous letters mentioning that she is a non member and she does not have any rights in carrying out work in the house or take benefits of anything happening in the society.

Both the chairman and secretary have NOT been elected by the other members, they have on thier own declared this and are carrying out mal practices. 

Thus my questions are:-

1) As non members what standing does my mother have?? 

2) Can a person become a secretary when he himself is a non member??

3) Is is legal to declare onself as secretary/ chairman without having a general body meeting and consent from other committe members

4) What actions can we take against them for this harrasment

 

Regards,

Rucha



Learning

 1 Replies

ajay sethi (lawyer)     20 April 2013

you have not mentioned whether your grand mother made any nomination in respect of said flat .

did your grand mother leave any will .

 

in absence of a will on your grand mother death flat will devolve on the legal heirs . your aunts have right in respect of said flat flat cnanaot be transferred in name of your mother without their consent . on your father death his share in flat will devlove on your mother and her children .

as afr as society is concerned elections have to be held ot managing committee . no one can declare himself as secretary or chairman .if bye laws adopted by society are not being followed complaint can be made to DY registrar . since your mother is not a member of society other members can lodge complaint .


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