Dear sir I want know that the society management telling us the property purchase the former land in the name of directors individually it is legal ..but my doubt this is not legal in this case three directors already registered 15acr 12 acr and 13 acres in There name individually the will paid by society is this correct please tell about this sir....
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The plots are purchased first on individual names and they're owner later the society is formed as per the society act.
If the society is registered than society rules will be applicable but individual have rights on their plots and for common rules and regulations everyone.
But sir I asking that the money was collected from members and these directors rigestered property in there own name instead of society and I asking that this is public money how you rigestered that property in individual name
Then can't registered plots on individual name however their name will appear on property card as a director of society.
First society name and on behalf of society their name.
You all can force them to transfer property on society name and first registered the society and its members.
How many members are there in the society ?
Does every member got the share certificate and sharing ratio.
Layout of the plot etc etc.
Property should have been purchased in societyu name and not in name of 3 directors
Money was collected from members
property should have been bought in society name
Land will purchase in the name of members only. Purchase by director in their name is criminal act, File FIR.
Dear Sir,
Yes, you are correct. You can get issue a legal notices to them.
You can complaint the same with dy registrar with the said illegallity.
No it is not legal and it is a criminal case against directors of society.
Members can lodge FIR against them under various sections of IPC such as 409,420 IPC
They can also file civil suit to set aside the transfer and make the society as owner of land.
File a written complaint before Registrar of society.
- As per the Kernataka Society Act, The property , movable and immovable, belonging to a society registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being in the governing body of such society, and in all proceedings, civil and criminal, the property may be described as the property of the governing body of such society by their proper title.
- Since the property was purchased by the funds of the members , hence after forming of the society , the governing body become its title holder , and the diretors cannot register the same in their name, inspite of the seal of the society.
- Futher , after forming of the society , all the members become a sharer of the property as per law.
- All the members, should raise issue before the governing body of the society against the acts of directors, and in case of non satisfactory response , approach the Registrar of the Society.
The property purchased in the individual's name shall be individual's property and not society's properties.
The society is incorrect if it is insisting that the property purchased on individual director's name shall be the property of society, they may claim or their legal heirs may claim the proprietorship of the property lying on the individual's name.
You may consult a local lawyer on this and take a decision.
In the given situation, you people who have purchased the properties by paying the sale consideration amount, may gather together and issue a legal notice to the society or the directors to transfer the property to our names immediately or file a suit for declaration of title or lodge criminal complaint agaisnt the directors for this fraudulent act.