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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


 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).

Real Soul.... (LEGAL)     29 August 2023

If the case is in personal capacity against the office bearers then they cannot utilize society funds.

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