Legal Question in Landlord & Tenant Law in India

Pl go through the Bye laws maintained by your society. You will find all answers.

04.01.2013

Dear Sir / Madam,

1. The Chairman, Secretary & Treasurer are office bearers elected by the Managing Committee (MC) of your Society. The present tenure of office for elected representatives to the MC is as per the prevailing rules of the Maharashtra State Co-operative Societies Act, 1961 and the bye laws of the Maharashtra State Co-operative Societies Act, 1962 is 5 years in continuation from the date of the elections held in the AGM of the Society. The Management of the affairs of the Society vest in such appointed Managing Committee (Section 112)

2. The above rules and bye laws govern how expenses are to be incurred in the Society.

3. Any resolution at the meeting is passed by a 2/3rd majority vote of members present in the meeting. It need not be 100% because the law says so. A special meeting of the Managing Committee can be called by 1/3rd members on the Committee.

4. If builder has sold any open space(s) in the plot of land which has still not been conveyed to the Society, the buyer should insist for a receipt. It is perfectly legal and valid.

5. Sections 78 to 85 of the Act specify how parking spaces are to be dealt with by the Society. Sections 41 and 42 of the Act govern exchange of flats and / or parking spaces at a mutually agreed price between the two members.

Regards,

FCA Prashant Chavan

Mumbai

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