• Land owners/ legal haIrs

Sir
this is srinivas bringing fewlines to your notice kindly clarify details are under:-
we have totally 24 flats, ON that 8flats belongs to legal hairs of land Both land owners are no more. Now problem arises (legal hairs are like elder brother sons and small brother sons)if elder brother sons say something yournger brother sons start fighting.......... if younger brother says something elder starts.......2002 constructed ...........2 years back we opened one bank account with three other owner jointly. question is they are not allowing for any good, I some where heared land lords/legal hairs are not eligible for Office bearers flat association. is it correct? they are very nasty people . no moral eahticates . only 8 owners are there rest all tenants. now they are demanding i want to be members / president of the society . nobody wants ? what to do please advise me .kindly provide me with authority sothat i can show this to them and we conduct elections and form a society.
thankyou
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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9 Answers

Flat owners can come together and form cooperative society if builder is refusing to form society

2) builder is bound to form society after sale of flat to purchases

3) further conveyance of land has to be done in favour of society

4) elections are held in AGM called for election of office bearers

5) legal heirs owning flats can stand for election

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

1) any flat owner can stand for election

2) only if he gets votes would he stand elected

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

Hi,

You may approach registrar of societies with complaints and pray for relief accordingly.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

According to me Supreme Court Order no land owner/ legal hairs are not eligible any post in Association if yes please send me authority .

there is no judgment of the SC on this towards the best of my knowledge

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Any person residing in the society can be the member of the association and can hold post.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

Chairmen will appoint through voting, no vested right of any members of landlord. And by rule of proportionate every owner has equal holding in land. If say 15 flats than 1/15th ownership in land.

For any nuisance , can call the police,

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Is the society a registered body?

If so, you can find solutions for all such issues in the bye laws of the society.

The legal heirs until the owners of the flats cannot become members of the society for any reason.

The land owners as a flat owner can become member of the society.

The other owners who have let out their flats on rent have to be contacted and arrange for a general body meeting in which all such further issues can be discussed and solved.

The outsiders should not be allowed to attend the meeting in order to avoid the controversies and unnecessary quarrels.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

rest of flat owners don't want keep them , they create lots of problem with others . after drinking they come and shout like uncivilised

If they create nuisance after drinks and always behave in an uncivilized manner, a complaint with the police on the spot will make them alright.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

According to me Supreme Court Order no land owner/ legal hairs are not eligible any post in Association if yes please send me authority .

Apartment owners association is an association where all owners of the apartment are members and the association maintains the facilities or amenities available in the apartment.

An apartment owners association not only has the right to maintain facilities available in the apartment but also has the legal powers to protect its members and defend legal action raised against the association.

All the flat owners can be members of the association.

There could also be common issues faced by many apartment owners with regards to the association being unresponsive to their concerns. There may be instances where the members find that the association is actively working against their interests. In such instances, the members of the apartment owners association has the right to raise any issue which they feel is detrimental to their interests and demand a meeting of the association for the same. If the association fails to take action on such a complaint, then members can, as a last resort, approach the court to seek relief to their grievances. If an association persistently commits default in fulfilling its statutory obligations or if there are huge disputes over the management of the association, the member can then consider complaining to the concerned Registrar of Societies in this regard. The Registrar has the right to cancel the registration of the apartment owners association which fails to meet statutory obligations and in cases where there are huge disputes over the management of the association.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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