• Resign from committee of registered society

Hi,
I am a member of the committee a registered soc made by MHADA. Now i have sold the flat and want to resign. What are the formalities for that, the secretary is harassing the new buyer and not transferring the flat as he is asking for my resignation first. I don;t mind but they are asking to sign an indemnity bond and i don't think that is in my interest. Can i just send my resignation to the soc? we have already moved out and given possession to the new owner. Do i have to sign an indemnity bond to resign?

Also the building is fighting with a previous developer who is claiming rights on the balance FSI which the soc wants to use for redevelopment. Due to this there is a lot of fighting in the building and a lot of law suits have been filed by the society and by the developer as well. The matter is currently with the supreme court. In this case most law suits were against the existing committee of which i was part of and all suits are still in the courts currently. What should i do to secure myself legally so no new law suits are filed against the soc with my name as i'm not in the committee and what precautions should i take for the suits already in the courts. 

Thanks 
KK
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1)no indemnity bond is required to be given by you . 

2) just submit simple resignation letter  to effect that you have sold the flat and as such cannot continue as committee member 

3) forward a copy of your resignation letter to registrar for information .
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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as far as current cases are concerned it must have been filed by the society  or against the society . you would not be a party to such legal proceedings in your individual capacity
Ajay Sethi
Advocate, Mumbai
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1218 Consultations
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Dear Client,In that case you should immediately draft an application and issue it to secretary alongwith registrar if not accepting then issue a legal notice.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
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1. You are not required to sign an indemnity bond. Do not sign it as you will make yourself amenable to another round of litigation by signing it. 

2. A simple lawyer's notice informing the change in circumstances i.e the sale of flat by you will suffice.
Ashish Davessar
Advocate, Jaipur
18093 Answers
448 Consultations
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Have you been personally made a party to the law suits which are pending? If yes, then apply for striking off your name from the list of defendants as no personal liability can be attributed to you.
Ashish Davessar
Advocate, Jaipur
18093 Answers
448 Consultations
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1. The members of a Housing Society are necessarily the flat owners who formed the said Society,

2. Different committees of a Society are formed by elected members of the Society,

3. The momemt a flat owner sells of his flat and informs the same to the Society, he is automatically ceases to be a member of the Society and any committee formed thereunder,

4. In such cases, the Sociert is supposed to call for special general meeting by the members or meeting by the Directors to appoint a new member of the said committee,

5. Moreover, cases are filed by and against the Socierty and not by and against the personal names of the members,

6. So, the demand of the Secretary of the Socierty for submitting an identity bond is illegal. What indemnity is he asking for from you? It appears that he is not aware of rules and is framing law himself,

7. Do not sign any such Bond,

8. You may send your letter for resigning as a member from the Society as well as the Committee by speed post duly informing the Secretary that you have already sold your flat to the buyer & his name is required to be substituted in place of your name as member of the Society.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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1. Please note that if the builder files any further case regarding the building, it will be against the Society and not against an individual like you as member of the Society,

2. You need not worry for the pending cases filed against the Society, since you are no more a member of the Society or any committe formred thereunder.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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A.  Indemnity bond is not required in your matter.

B.  You can send resignation letter by Registered Post with acknowledgement.

C. Litigation Matter:  Your society is the artificial person and you ( all members, president, secretory, treasurer etc) are representing the society, hence at the time of the  existence of the society. In the meanwhile, if any, order passed by the court against your society that burden and responsibility will be fixed on society.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
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