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Not allotting an asset under 30(2)

Owners welfare association registered under TN societies registration act 1975 got a pre-approval to split under section 30(2) of the Act. Distribution of assets shall be done as per section 18 of the Act into the two divisions. Special General body conducted conducted is refusing to distribute an equipment (STP) which is vested inside the area of operation of one division. General Body resolution says a federation of the two divisions will be formed after both divisions register with TN Apartment owners act 2022 (because Act 1975 there's no provision to form federation) and this federation will manage this equipment. Both divisions will contribute to expenses of this equipment proportional to the square feet area of the divisions. My questions are: 1. As per 30(2) is it not mandatory that all assets should be allocated into the divisions? 2. As per section 18, if the machinery is vested inside the boundaries of the division (association ) should it not be vested with the committee of that division? Equipment is not owned by a trust and no legal cases exist with the equipment. There is no provision in bye-laws about this. Thank you Ramachandran

 



 1 Replies

P. Venu (Advocate)     08 August 2025

What is the equipment referred? Prima facie, it appears that provisions of Section 18 are of no application in the given facts.

All the more, why should a settled question be disturbed? The facts posted suggest no illegality or perversity.


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