Legal Owner is not a registered owner.
Hello,
We had an election to a newly established housing community in Chennai, It is our first election to the community. It was conducted by election committee. The election committee allowed Handover letter from Builder for people to vote as owners were resisting to share the registration document since it has his sign and other information. The EC used the same for nominations too. However on Nomination guideline it says only registered owners and blood relationship can contest. There was also a point in guidelines that Election committee decision to accept nomination is final.
Now there is a contestant whose father jointly owns the house however it was not registered. The father of the contestant has expired due to covid. Then the registration was withheld due to various reasons to get all legal documents, legal heir certificate, death certificate etc. Now the contestant has won the election by one vote. Now the loser of the same post has bought this point that he is not the registered owner wanting the association to disqualify the member.
Would need clarification even if the apartment is not registered is the winner a legal owner and can he be part of the association? Also since the Election committee guidelines say that it's decision is final, can the owners disqualify the winner? He winner has produced Loan modt,death certificate, legal heir certificate which clearly says he is the owner. Also builder has given handover document and the winner is staying in the house for 8 months.
Need feedback on this. Thanks in Advance.
Asked 2 years ago in Property Law
Religion: Hindu
Follow up question, Currently association is not registered. Can the elected body take a decision to remove the candidate? There is no notice sent to the candidate, Bye-laws not passed. Does the elected body have authority to remove a winning candidate?
The winning candidate has raised a legal notice to the association that is to be formed that he has to be included for the registration process since he is an elected member and once registration of association is complete they can take any action if he cannot prove his ownership. Is this request valid? Thanks in advance.
Asked 2 years ago