Sayed Maqsood Ahmed 28 August 2023

legal fees in housing society cases

dear learned advocates

would like to know if members of a housing society file a case in cooperative society against the office bearers of the managing committee, i.e., chairman, secretary and treasurer, can the society pay the legal fees to defend them from the society’s funds.

or the office bearers have to pay the legal fees of the hired Advocate from their own pockets

appreciate your immediate response

Best regards

Reply Follow

Quick Summary

This discussion explores whether a housing society's funds can be used to pay legal fees for its office bearers (Chairman, Secretary, Treasurer) when they are sued. The consensus is that if the case is filed against the office bearers in their official capacity and relates to the society's affairs, the society should bear the legal expenses. However, if the case is against them in a personal capacity, they would need to fund their own defence.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 29 August 2023

This is a case against the society, hence as the case is not filed against them in their individual capacity, the litigation expenses are to be borne by the association only.

Dr. J C Vashista (Advocate ) 29 August 2023

The Chairman, Secretary and Treasurer are functioning in official capacity of the Society, hence the Society has to engage and bear all expenses (including legal fees) concerned with such case(s).