• Housing society bye-law

Our housing society was registered at the time of formation of the society. Renewal was not done after expiry of initial validity.
So does the Society Bye Laws signed by all the flat owners still has any legal validity in the court of law?
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

Yaa, but up to some extent.

I advice you to go for its renewal as soon as possible.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Due to non-renewal, the society is defunct at the moment and hence the byelaws are not in force.

Thus, presently they have no standing in court.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

bye laws adopted at the time of formation of society would be binding upon the members

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

you need society permission for sale of flat

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

It may be noted that the bye laws formed and adopted at the time of formation of the society becomes binding on all the members of the society.

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

No. At at any time the society is defunct, it is impossible to comply with this clause.

Hence, non compliance in this scenario is not a concern.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

If that is the case that society permission is required as per the bye laws then you have to take the permission of the society before selling the flat.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Society permission is required for sure, but just that the registration of the society has been delayed (reason can be given on behalf of the society) you can't sell outside the terms and conditions of the said agreement which you agreed upon at the time of buying it or later coming under the society rules.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

It is advisable to renew registration of the society

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Hi, if the society is not renewed , it's constitutional body is terminated and dissolved .. You can proceed with the sale deed ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Once registered as society though it is not renewed it is still the society.

if the bye-law of the society has such rule, the permission is required only to the extent of dues to the society from the seller. Society can not create absolute restriction on sale.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Sir,

If the society is registered you can approach for legal remedies in case of negligence.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

where there is no renewal of the society than the bye -laws may be inactive

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

Dear Client,

How much period lapsed to renewal.

For renewal delay, 50 rs per month may be charged and after the expiry of one year, it becomes unregistered society, n lost its status in the eye of law until renewed with late fees.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Renewal of Registration of the association has nothing to do with the passing of resolutions in the general meeting to amend the bye laws.

The existing bye laws were submitted before the registrar at the time of registration, when the association was registered the bye laws were also approved hence it is valid in the court of law even if the registration has not been renewed subsequently.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

As per bye law, Society's permission is required before re sale of any flat. As the society registration was not renewed, is the clause still valid?

Yes this is very much valid even if the registration has not been renewed with the registrar of cooperative societies.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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