Can members be penalized from Bye-law and Society's Act?- Property Hotline
August 24, 2016
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2:16Now PlayingCan members be penalized from Bye-law and Society's Act?- Property Hotline
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as posted by the channelExpert: Soura Ghosh, Associate Partner at Hariani & Co.
Question: A builder has given a flat free of cost to some person for gratification. There is no agreement available with society and the share certificate is not issued by the society. However Property Tax/Electricity Bill comes in the name of that person. He pays maintenance charges regularly and has given the flat on rent. How do we deal with such a person? Can members be charged penalty for such a case from the point of Bye-law and Society's Act? Additionally, will the Registrar approve the resolution passed in the AGM and get it incorporated as part of the bye-law?
Answer: The Society is not entitled to charge maintenance in the event the concerned person is not a member. Further, Kindly check whether the builder has executed a conveyance of the land in favour of the Society where building in situated. In the event, the conveyance transferring the right title and interest in favour of the society is executed peruse the same to confirm who the owner of the flats is.
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