Legal Question in Real Estate Law in India

what percentage of members should be present in an AGM/SGM for it to be legal, asking as AGM was conducted during holidays when maximum members were not there only 24 of 69 members present including committee members and an unauthorized structure erection was passed. what can be the further course of action against this as each member will have to shell out extra for this construction.


Asked on 1/03/13, 8:52 am

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

May be

Read more
Answered on 1/03/13, 10:17 pm
Fca Prashant Chavan Expert Edge LLP

04.01.2013

Dear Sir / Madam,

The quorum for every general body meeting of the Society shall be 2/3rd of the total number of members of the Society or 20, whichever is less. (Section 101). A decision taken at the AGM / SGM can be revoked at a subsequent AGM / SGM if all the remaining 45 members give an undertaking to the Managing Committee stating that the erected unauthorized structure be demolished. No resolution can be brought at a general body meeting of the Society, cancelling its previous resolution, unless 6 clear months have expired, after passing of the previous resolution. (Section 110).

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

Read more
Answered on 1/04/13, 8:04 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India