Yaa, but up to some extent.
I advice you to go for its renewal as soon as possible.
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?
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.
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?
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.
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.
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
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.
Hi, if the society is not renewed , it's constitutional body is terminated and dissolved .. You can proceed with the sale deed ..
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.
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.
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.