Upgrad LLM

registration of society



A property construted by the builder and developer and sold to respective purchasers and soceity was not formed by the builder. In the mean while due to non payement of taxes to Municipal corporation by the purchasers , the municipal corporation have auctioned the entire property in auction sale and property was purchased by the auction purchaser and after laps of more than 20 years the respective purchaser have trying to register the soceity under Maharshtra  Co-operative Soceities Act, 1960. whether they can register soceity without the permision of the purchaser who purchased the property in auction sale  kindly advise  are there judgements in favor for registration and or against registarion. kindly advise

Dear Yash,

Formation of a society is a valuable right available under the Society Registration Act and it is independent of any preceding event.  As such the answer to your query is affirmative and there cannot be any bar to the same. If in case the Registrar of Society denies registration of such society certainly a writ petition will lie in the Court of law.

Best regards





dear  daksh you read the querry properly as the property havebeen sold due to non payment of taxes by the occupries to some third person and now what right original purchasers have in the property which is auction 





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