File complaint against society before cooperative court or consumer forum and seek orders to direct society to furnish share certificate
also seek orders to direct society to adjust excess money paid against society maintenance bills
Share certificate withheld - sale issues
-chairman and secretary transferred chairmans flat by filing nominee after owners death -no probate given. Further due to excess dues paid by us before redevelopment werent adjusted and hence we dont pay mainenance till accounts are provided. chairman and secretary refused to giv accounts and held on to positions for 12 + years - no election. New chairman and secretary are saying take share certifciate from old office bearers. police isnt helping and old chariman is saying forego excess paid or forget share certificate. what are options to immediately get share certificate. ? can we file legal proceedings to recover dues and damages from encumbrance of our property from old chairman and secretary ?
Asked 3 years ago in Property Law
Religion: Hindu
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12 Answers
can i seek damages for not being able to sell the flat nor hypothecate it, can i file it against ex-chairmand secretary or has to be society ?
Asked 3 years ago
you first issue a legal notice demanding the old dues and also share certificate from the chairman/secretary of the association.
Let them give a reply complying with the demand made or refuse to comply, you may approach either consumer court or cooperative court with a suit for recovery of your dues and also for a direction to furnish the share certificate.
About not conducting elections for a period of over a decade, you may make a complaint in this regard to the Registrar of cooperative societies and request to dissolve this management committee and to conduct fresh election to elect new committee members.
Chairman and secretary are not personally responsible
you have to sue the society and claim compensation for mental torture undergone by you
They can't hold your share certificate on basis of your dues. you can file complaint to registrar if not given by society
Yes you will have to file a dispute case u/s 91 of the Maharashtra Societies Act, 1960
you should not have withheld the maintenance
you are inviting trouble for yourself
you could have paid that under protest
Move the consumer court against your housing society, as refusing share certificate is deficiency in service
Do you client in this case the simple answer is yes.
You have to first exhaust the remedies available locally.
For that you have to issue a suitable legal notice to the chairman of the association demanding the desired documents/certificates.
This communication should be in writing.
After that if the association is not cooperating or entertaining your request you may resort to proper legal action as per procedures of law.
society passed a resolution for a negotiated settlement in Dec 2022 with a final sum of 16 lakhs. a draft of resolution circulated on whatsapp recieved approval from members . however society has refused and withheld giving me a copy of the resolution or viewing signed copy . i want to pay the full amount before the due date of 1st june but worry they will accept the full amount and make further demands. how should i proceed to ensure money paid is taken as per resolution and furhter illegal demands are not made.
Asked 2 years ago
Resolution is binding on society
send cheque along with covering letter that Rs 16 lakhs is being paid in full and final settlement as per resolution passed in AGM
Without knowing what has transpired in the meeting nor without the confirmation about the resolution passed in the meeting, which instructed you to pay the said amount. For the purpose of your safety you can send a written communication to the secretary or president or both enquiring about the amount that has been resolved to be paid by you.
Wait for their reply and then decide further course of action that can be pursued.
You can apply to receive the information else file complaint with dy register for seeking same
If the society has passed a resolution for a negotiated settlement with a final sum of 16 lakhs and a draft of the resolution has been circulated on WhatsApp and received approval from the members, then it is important that you have a copy of the signed resolution. You can make a written request to the society for a copy of the signed resolution and if they refuse to provide it, you can escalate the matter to higher authorities such as the Registrar of Societies or a consumer court.
Before making any payment, it is important to ensure that you have a clear understanding of the terms of the resolution and that the payment is made only in accordance with those terms. You can consider sending a written communication to the society stating that you are willing to pay the full amount as per the resolution, but only if the society provides you with a copy of the signed resolution.
It is also important to keep a record of all communication with the society, including emails, letters, and WhatsApp messages. If the society makes any further demands after the payment is made, you can use these records to demonstrate that you have already paid the amount as per the resolution and that any further demands are illegal.
If the society continues to withhold the signed resolution or makes further demands after payment is made, you may need to seek legal assistance to protect your rights and interests.