Khandwala (MD) 08 June 2010

Sectretary's authority to enter members flat

We are a co operative society where the member living on the top floor consistantly complains about leakage from terrace above(even when it is not raining). Also he has communicated to the Managing Commitee that he shall not be making any maintance payment till the leakage is stopped.

When the society hon. sectretary visited the flat, with prior intimation (3 hours) along with another committee member and a water proofing contractor, the member created hue and cry, claiming tresspass and 'criminal intimidation'. He has also demanded immediate resignation under threat of police complain.

We have written to the federation about this, however no answer is forthcoming. Can someone suggest legal standing and remedy in this situation?

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4 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR) 08 June 2010

as a secretary he is responsible for maintainence of the society, and as in good faith he has entered the premise for repairing with prior intimation no need to worry.

just make sure you have enough evidence for the same.

Iqbal A. M. Shaikh (Advocate) 14 June 2010

Give a written notice to him and also submit copy of the same to the Sub Registrar of Cooperative societies and then visit his flat on the particular date and time.

Sudheer (Na) 12 September 2014

I am Sudheer After my grand fathers death his property has been divided among his 5 children and my grand mother. My grandmother made will and she gave her entire property to my father who is a younger son of my grand mother.Few year later my grand mother died.And my father also died .Now my grand mothers and my fathers property is given to me. Is my uncles can sue for my property.