Legal Question in Real Estate Law in India

Dear Sir,

Our Co-op Housing Society was formed on march 24th 2012, we had our first meeting then and a committee was formed with 5 members from the society. Till today, we have not had another AGM and when we asked, the Secretary said that we will not be having another AGM till Sept. 2013, is it legal?

Thanks in advance for your answer.


Asked on 7/01/13, 6:56 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

May be.

Check bye-laws and act accordingly.

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Answered on 7/01/13, 11:37 pm
Fca Prashant Chavan Expert Edge LLP

02.07.2013

Dear Sir / Madam,

The first AGM was held to discuss and adopt the accounts for the year ended on 31st March, 2012. The Society has to discuss and adopt the accounts for the period 01st April, 2012 till 31st March, 2013. We are already in the month of July, and the accounts of the Society ought to have been completed by now, and a notice of the AGM ought to have been issued to all the members.

Byelaw No. 175 (j) & (k) clearly reads : If the member / members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days of writing to the Hon. Secretary, they should complain to the Registrar of Co-operative Housing Societies.

Regards,

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Answered on 7/02/13, 4:31 am


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