Duplicate share certificate from co. operative housing society
Pramod Advant
(Querist) 17 May 2014
This query is : Resolved
I have given the application to the society for issuance of duplicate share certificate. All the formalities of Public Notice, Indemnity and notice to the members have been completed as per the advice of managing committee.
However, society has not issued us duplicate share certificate for last 3 months.
After giving notice to the members as well as to the public for issuing duplicate certificate, there was no objection raised by any member or public for issuing duplicate share certificate within the stipulated time period or even thereafter. However, managing committee is un-necessarily involiving memebers and discussing with them. Matter is dealayed. We made it clear to Managaing Committees that decision now falls within their powers. since there is no objection raised by members.
What is the legal course available to us. Is the member legally entitle to get duplicate share certificate.
ROHIT SHARMA
(Expert) 17 May 2014
1. Yes, the member is legally entitled to get duplicate share certificate on completion of such required formalities.
2. You need to inform the secretary to call for an urgent executive committee members meeting and have a resolution passed subscribing to authorizing the secretary to issue a duplicate share certificate.
3. Keep meeting the secretary at his residence till finally he gets the authorization by passing of a resolution to such an effect.
Dr J C Vashista
(Expert) 18 May 2014
1. I agree with expert Mr. Rohit Sharma for the first part of reply.
2. However, I respectfully disagree on the point of calling an urgent meeting of the Managing Committee or meeting the Secretry at his residence, since the agenda item i.e., issuance of duplicate share certificate donot fall under the catagory of calling urgent meeting of the Managing Committee.
3. Besides this, no resolution is necessary/ required for issuance of duplicate share certificate to a member, it is procedural and shall be issued by the President, Secretary and Treasurer after confirmation and satisfaction of the said office bearers.
4. Meeting the Secretary at his residence till finally authorization by passing of a resoulution to such an effect is negated, unnecessary, unwarranted and wrong approach. The Secretary is a honrary post of office bearer of the Managing Committee in Society wherein s/he is oblidging society/its members by doing social service.
malipeddi jaggarao
(Expert) 18 May 2014
You are entitled for duplicate share certificate and pursue the Managing Committee to issue the same at the earliest.
T. Kalaiselvan, Advocate
(Expert) 18 May 2014
The Secretary or the managing committee are obliged to issue the duplicate share certificate if necessary formalities have been duly and fully complied with, the secretary may be insisted upon, if you fail to invoke any or proper response within reasonable time, then you may contemplate to initiate any legal action on the issue.
M V Gupta
(Expert) 19 May 2014
If the Secretary does not issue duplicate certificate,lodge a complaint with Dy Registrar of Coop Societies having jurisdiction on ur Society.
Abdul Latif
(Expert) 19 May 2014
You can lodge a compliant with the Registrar of Co-operative society having jurisdiction of your society. Once all the formalities has been complied then the Society are bound to issue the Duplicate Share Certificate.
However before initiating any action against the society please discuss with secretary and ask them your intention to take action against them But I feel it is more procedural matter and can be resolved b discussing with members/ secretary of the society
V R SHROFF
(Expert) 19 May 2014
inform Secretary, and Complain to Ass Registrar, with copy to Secretary..
