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shekhar (proietor)     12 May 2014


I am requesting you for advice for following situation.

Our society is formed on 1984 and we have 344 members. In one case a member A sold the flat to B on 2006. Resignation of  A accepted and B became a member in general meeting 2006. But since 2006 new member B

1)      Not submitted affidavit as per byelaws.

2)      Not submitted sales deed.

3)      Never stayed in flat since purchase.

4)      He has put the flat on rent without permission of society.

5)      He never attended any special or general meeting.

6)      Shares are still on A s name. not on B.

7)      Even share are not on B s name, he has name in voting list and voted in election of society. (is this offense?)

 Now one member wrote letter to registrar and registrar ask to take an action according to maharashtra co operative act.  Members are forcing to take strict action as 8 years is long period and asking to declare it as benami property.

Pls could u suggest what action can be taken?





 3 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     12 May 2014

Send him show cause notice... if his reply is not satisfactory, then call him give him hearing and then cancel his membership in GBM. Therafter communicate the said resolution to the concern registrar and get approval....

shekhar (proietor)     12 May 2014

mahesh sir, but as it has a period of 8 years some ,members r opposing to accept his documents as 8 years is long period. secondly members are against such member who purchase the flat for comercial ( rent) purpose. our society is of government and privet servants society on ulc land. pls reply how he can be punished.

T. Kalaiselvan, Advocate (Advocate)     14 May 2014

If B has purchased the property through a valid and registered sale deed, he becomes the absolute member of the property, his title cannot be denied just because he has not participated in the society's activities.  It cannot be even considered as a benami because it is he who is the owner as accepted by you.  If he has failed to comply with the society's rules and regulations, he may be forbidden from acquiring the membership of the society and  follow up actions as envisaged in the rules may be strictly followed up.There will be a mention in the  bye law itself about what action should be initiated against such issues, you may follow it up scrupulously or else contact a local lawyer and get his advise and proceed as advised.

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