• POA taken from owner (brother)

Dear Sirs,

The flat belongs to my brother but he has given me the POA to execute with Society decision 
I would like to become an Adhoc Committe Member since I am a very Active Member in my building 

My Chairman is not allowing me to become an Adhoc Committe member as per his CA

He also says that there is no such need currently 

I will exercise my right whatever comes under the normns of Adhoc committe member 

Please help me to understand this with ur valuable suggestions
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

You cannot become a managing committee as you are not owner or co owner of the flat 

 

2) POA holder cannot become s committee member

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

POA doesn't make you a member of the housings society. Since you aren't a member, there's no question of you being allowed in any of it's committees

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

On the basis of POA YOU CAN REPRESENT YOUR BROTHER IN THE ASSOCIATION MEETINGS, YOU MAY NOT EVEN BE ELIGIBLE FOR VOTING RIGHTS AS PER BYE LAWS.

You may go through the bye laws of the association before taking any decision on your own about this

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

Dear Sir,

 A general POA gives greater powers to the agent to carry out various responsibilities on behalf of the principal, as detailed in the deed. It is not confined to any specific act relating to a specific subject.

The need to have a POA simplifies decision making in the absence of the true owner thereby minimizing security concerns. Moreover, a POA is an extremely important part of property planning. It is considered convenient and imperative to have another person to act on other’s behalf when there is development in the business and trade transactions.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

POA holder can attend AGM but no right to appoint as member of society. IF you were associate member than you could have chances to become member in absence of brother

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

This is my response to you:

1. What are the terms of the POA? Can you narrate some clauses which empower you to represent your brother?

2. If the POA is not sufficient then ask for an affidavit from your brother;

3. You must also read the bye-laws of the society and try to seek the answers there;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

You can become an associate member with your brother

however committee members can only be the society members and not their POA holders

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

POA does not permit you to be a member of the society and neither can you act as a committee on the basis of such POA.

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

The induction of any new member into Committee would depend upon the bye laws of the society governing the election and induction of members.

So if there is rule for inducting a family member into a committee even if there is POA in his favour , you can not help.

So first you have check whether there is any supporting clause in your favour in the Act , its Rules and regulations and the Bye Laws.

 

 

 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

You can complaint to dy registrar against the said committee. You can also file complaint to consumer court

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

Hello, 

Ad hoc committee member is elected through election or nomination? 

Is there a vacant post for the said post? 

Please elaborate the facts in detail for a concrete advise. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client 

There is no provision of making a Adhoc member of society so the chairman can refuse you to become member of society.

But if your Brother give you a Special Power of Attorney for using his rights in the society then you can become member on his behalf. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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