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Sayed Maqsood Ahmed   01 September 2023

payment of legal fees of a housing member fighting case against society

dear learned advocates

as you are aware a housing society is using society's funds to defend its office bearers and also other MC members in legal cases filed against them by certain third parties from the maintenance charges we all members are paying to society.

lately, some members of our society is thinking to file a case against the Office bearers of the society and maybe other MC members in the interest of members ie. external leakages works issue. which the society is not agreeing to fix as per bye law 159 A of the Maharashtra Cooperative Housing Society Act 1960.

when the society can use members contributions to defend it in legal cases. Can members of the society ask the MC to pay the legal fees of their cases filed against the MC.

your immediate response would be highly appreciated.

Best regards


 9 Replies

Real Soul.... (LEGAL)     01 September 2023

IIf the cases are filed in individual capacity then the members cannot be defended by using society funds,but if the cases are filed against society then only the society funds will be utilized. If you have any complaints you should issue a legal notice first and ask for third party Auditing for funds . If they refused the third party auditing then you can file for injuunction suit, that is the right of memebers.

Since you have been repeating quieries it will not change the position as applicable.

P. Venu (Advocate)     01 September 2023

Please post precise facts.

Sayed Maqsood Ahmed   01 September 2023

Dear Sir

My points. 

1. Society is using its funds to defend office bearers and mc members in legal cases by paying fees to Advocate for cases filed against society's 

2.  What if members file legal cases against the MC in the interest of members and Society can the members ask Society to provide funds from Society’s maintenance collections from members to pay legal fees to their Advocate 


Best regards 

P. Venu (Advocate)     01 September 2023

Any suggestion depends upon the cause of action, pleadings as well the reliefs sought. Please post relevant facts.

Sayed Maqsood Ahmed   01 September 2023

Dear Sir 

In short I would say that few members of 2 buildings out of 5 buildings want to file injunction suit against the MC of our society for asking 50% cost sharing to carry out external water leakage works which is the responsibility of the society to fix as per Maharashtra Cooperative Housing Society act 1960.

Your views appreciated


Best regards 

P. Venu (Advocate)     02 September 2023

Members would have to bear their own expenses whereas the expenses in defending the suit would be borne, subject to due approval,  from the common funds of the Society.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 September 2023

If an MC member acts on behalf of the Society which requires filing a case on behalf of the Society or if the Society or the action taken by the MC member as an MC member becomes cause of action by the opposite party  the Society has to bear the legal expenses. If a member files a case against the Society or against an MC member for his bona fide action on behalf of the Society, the member only has to bear his legal expenses. If on conclusion of the case the court orders with costs then Society will have to defray the costs to the member.

1 Like

Sacred Heart Town Office   06 March 2024

Dear Sir, if a defaulter society member files a case on the office bearers of the society, does the society bear the legal costs of the office bearers to defend the case. Thanks

regards joe

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 March 2024

The Society has to bear the costs.

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