Cooperative society act

yogi (Querist) 28 April 2018 This query is : Resolved
Hi

We are a small coooperative housing society in Rajkot

14 Members in all

Unfortunately there has been no regulatory body to the society and there have been no regular meetings nor any records have been maintained

But mutually it was agreed that the property in the society will not be sold for commercial purposes

Ours is not a closed door society and there has been lot of commercialization in the adjacent localities

so some members requested for permission to sell it of to builders as there are no individuals who would buy a property in the commercial zone now

My concerns :

Can the society by majority pass a resolution that the permission be given to members to sell of the property to builders? If Yes what is the quorum for majority?

If any member objects to the same on an individual level or may be 3 or 4 members do not want to leave the area as they cannot afford bunglows in better areas, what would be the consequences?

Can we go for a restructuring the society and isolate the members not keen on joining us ?

Can we dissolve the society ?

What are other options available which are easy and can prevent any legal issues?

Thanks
Yogi

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Guest (Expert) 28 April 2018
Legally you can not Isolate any one on your Own.

Guest (Expert) 28 April 2018
Either you should seek an Amicable Solution with them Or should seek the Remedies from concerned Courts only.

Ms.Usha Kapoor (Expert) 29 April 2018
File your case in cooperative court.

Dr J C Vashista (Expert) 29 April 2018
Whether the society is registered with Registrar of Cooperative Societies or not?
Whether there is any Bye-laws adopted by the Society?
Vague questions without complete facts, consult a local lawyer.

Kishor Mehta (Expert) 29 April 2018
The Society can not stop any of its members from selling his/her property Consult a local advocate in your own interests.

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