• Need to know

Sir My Soc. Is Cooperative Soc. And There Is A Family Issuing Trouble....Most Of Time The Family On Person Fight From Someone In Soc. And Call The Police Some Times..Also So I Want To Know There Is Any Law To ...Seal That Family House OR Something Like That
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

1. Calling police is a right of a person provided the call was genuine.

2.From your query it is not clear what exactly is the issue and why this person is harassing others.

3. For more harassment you can not seal thee house.

4.However if that person breaks any law you can certainly lodge complaint against him with the local police.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) society should file police complaint against the family members for criminal intimidation under section 506 of IPC if the member and his family keep on threatening society members

2) you cannot seal the flat owner house

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You can not stop a person from making argument.

You better avoid that person or de register that person from society membership.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

No, this can not be done.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Raise the issue in AGM . Society can take disciplinary action against member and impose penalty on member for acting in violation of resolutions passed in MC and AGM

2) society can expel the member if he acts against society bye laws

3) member can challenge his expulsion before the registrar

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) the society can expel the member

2) member can challenge resolution passed in AGM for his expulsion before the registrar

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

A member may be expelled from the membership of the society, if such a member

Has persistently failed to pay the charges due to the society

Has willfully deceived the society by giving false information

Has used his flat for immoral purposes or misused it for illegal purposes habitually

Has been in the habit of committing breaches of any of the provisions of the byelaws of the society, which, in the opinion of the Committee, are of serious nature

Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Actually there is no blanket law to seal the house of the family creating trouble in the Society.

2. They can be accused for and sued and punished for creating trouble or committing an offence punishable under law.

3. If the family is committing any cognisable offence, you alone or joining hands with other members of the Society can lodge complaint to the Society and/or police seeking remedial action.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Collect evidence of the family's committing offence in any form by audio/video recording the incidences.

2. After that file police complaint against the said family seeking remedial measures.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Arguing with others is not an offence at all.

2. Committee members are not supposed to give orders to the members of the society.

3. However, if the said member refuses to follow the decision passed by the general body or the managing committee, penalty can be imposed on him with the consent of all the members present in the meeting, if permitted by the bye laws and if he refuses to pay the fine or penalty, Recovery suit can be filed by the Society against him seeking recovery of the fine imposed on him.

4. If he still refuses to pay the fine or penalty, direction can be sought from the Court to recover the said amount by selling of his said property and refund the excess amount so collected from the sale proceed to him/them.

5. With out due process of law, his property can not be sealed and sold.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

No Court will give order to anybody to sell his flat and leave the place since all have the right to live in this Country.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Even if the entire world want him to leave the Society,he can not be forced to do so since as per Indian Constitution he has the right to live any where he wishes to live legally.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

No petition with the said prayer will be entertained by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

if society's article of memorandum supports then you can do so other wise you have to take either permission of society registrar or pass a resolution in special/urgent meeting of society's member.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

society members have right to tackle exception case by passing special resolution (pragati society vs s k mathur 2001

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

if 144 flat owners/member of society are ready to pass any resolution then you can bound him to sell the house and leave the society. on breach of such resolution you can approach the society registrat.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer